Civil Commitment for Mental Health Problems—Ethical or Not Ethical

 

 

Civil commitment for mental health problems consists of temporary confinement in a secured psychiatric facility for evaluation or treatment. The legal criteria for this typically include that the individual has presented a danger to self or others and/or is unable or unwilling to seek mental health treatment to reduce these risks. Because civil commitment occurs against one’s will, there are ethical issues related to depriving someone of their freedom and requiring them to be in psychiatric care. Given the APA ethical guidelines, the forensic psychology professional must take a decision about civil commitment seriously. This includes weighing the risks as well as the pros and cons for an individual, as well as for others in the community.

For your Discussion, you will explore your empathy-bias about whether civil commitment is consistent with APA ethical guidelines and practice setting this aside in order to argue one side of the issue. The Instructor will assign you a position to either support civil commitment or to argue against it, based on ethical grounds.

Explain the position you were assigned and whether it is ethical to commit someone for mental health problems.

Identify at least one ethical guideline that you believe supports the position you were assigned and explain how the ethical guideline pertains to civil commitment.
Describe at least one case that supports the position you were assigned.
Support the position with at least three main critical points. Justify those points with scholarly content and references concerning mental health problems.
https://biotech.law.lsu.edu/cphl/articles/hastings/hastings-1_-3.htm

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3392176/

Sample Solution

The most difficult decisions regarding civil commitment fall squarely upon the shoulders of the emergency physician. Commitment decisions are difficult for a variety of reasons, including complex or ambiguous statutes, the presence of occult medical illness, and lack of clear guidelines that define dangerousness. While commitment may be life-saving to the suicidal, it is a death sentence for someone with meningitis who presents with acute confusion. “Medical clearance” of the psychiatric patient is a dangerous morass. The emergency physician must not succumb to the temptation of an expedient transfer to psychiatry in lieu of careful patient evaluation. Legal pitfalls abound, and the emergency physicians can be accused of failure to diagnose medical illness, improper restraint, violations of civil rights, or negligent failure to protect a third party.

to war, yet more significantly, “the ruler” where he has “the normal request” as indicated by Augustine, and all authority is given to him. This is additionally upheld by Aristotle’s Politics ((1996), Page 28): ‘a ruler is the normal unrivaled of his subjects.’ However, he truly does later underscore to place all confidence in the sovereign is off-base and has results; an exhaustive assessment of the reason for war is expected alongside the readiness to arrange rival party (Begby et al (2006b), Page 312& 318). This is upheld by the activities of Hitler are considered unjustifiably. Additionally, in this day and age, wars are not generally battled exclusively by states yet in addition non-state entertainers like Al-Queda and ISIS, showing Vittola’s regulating guarantee on power is obsolete. This is additionally upheld by Frowe’s case that the pioneer needs to address individuals’ inclinations, under authentic power, which joins on to the fourth condition: Public statement of war. Concurred with many, there should be an authority declaration on a formal statement of war (Frowe (2011), Page 59-60&63). At last, the most dubious condition is that wars ought to have a sensible likelihood of coming out on top. As Vittola emphasized, the point of war is to lay out harmony and security; getting the public great. In the event that this can’t be accomplished, Frowe contends it would be smarter to give up to the adversary. This can be legitimate in light of the fact that the expenses of war would have been greater (Frowe (2011), Page 56-7). Thus, jus promotion bellum involves a few circumstances yet in particular: noble motivation and proportionality. This gives individuals an aide regardless of whether entering a war is legitimate. Be that as it may, this is just a single piece of the hypothesis of the simply war. By the by, it tends to be seen over that jus promotion bellum can be bantered all through, showing that there is no conclusive hypothesis of a simply battle, as it is normatively guessed.

Jus in bello
The subsequent area starts translating jus in bello or what activities could we at any point characterize as passable in wars (Begby et al (2006b), Page 323). To start with, it is never to kill honest individuals in wars, upheld by Vittola’s most memorable suggestion deliberately. This is generally acknowledged as ‘all individuals have a right not to be killed’ and assuming a trooper does, they have disregarded that right and lost their right. This is additionally upheld by “non-soldier resistance” (Frowe (2011), Page 151), which prompts the topic of warrior capability referenced later in the paper. This is authenticated by the bombarding of Nagasaki and Hiroshima, finishing the Second World War, where millions were eagerly killed, just to get the point of war. Nonetheless, once in a while regular citizens are unintentionally killed through battles to achi

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