Civil Commitment Theory UW Courses Web Server民事责任承担的理论 UW课程Web服务器.ppt

Who Qualifies for Rights? Sherrie Brown LSJ 332/CHID 332 Spring 2010 To help us think about the question . . . Kristen Johnson case involuntary sterilization Civil Commitment Theory Joyce Brown case involuntary commitment Sesha Kittay case limitations of “justice” Kristen Johnson Case Issue: Should Kristen’s guardian (Vera) have the right to decide that sterilization is an appropriate medical intervention for the young woman? Alternatively…should Kristen have the right to make the decision without consideration of the guardian’s opinion? Task: Read the case study and jot down 1) the reasons Vera should be able to make that decision on behalf of Kristen and 2) the reasons she should not. Discuss: Vera’s position and Kristen’s arguments. Legal Justification for Civil Commitment Parens Patriae Traditional role of state as “sovereign and guardian of persons under legal disability.” Used as justification for involuntary institutionalization of people with mental disabilities in mid-19th Century USA. Theory is that state has obligation to protect interests of those who cannot do so for themselves—requires finding of incapacity which results in “legal disability.” Typically used to commit people who are considered danger to themselves. Continued… Police Power Purpose is to protect society from potential harm—e.g., criminal laws and public health codes Unlike criminal defendants, people facing police power commitments can be confined in institutional settings without proof that they violated criminal law. Justification for commitment of people with mental illness who are considered danger to others. Constitutional Theories Challenging Institutionalization 14th Amendment All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor