The aged and the dangerousness criterion in involuntary civil commitment

Using data from official court records and observations in court hearings throughout one state with a typical reform statute, this study investigates the elderly against whom petitions are brought for involuntary civil commitment. In relation to their proportion in the population, the aged are only slightly more likely than younger persons to become respondents in commitment proceedings; but they are over three times more likely to remain involuntarily hospitalized and to be subjected to recommitment proceedings. Once brought into the process, they are more likely than younger respondents to be committed and are more likely to be successively recommitted. In analyzing court testimony, focus is on evidence of dangerousness since involuntary commitment is limited to the mentally ill who are dangerous. Almost half of the young old initial respondents with formal hearings have no testimony alleging dangerous behavior and more than half of the old old have no such testimony. The alleged dangerous acts of the aged tend to be unintentional harm rather than assault.     

A methodology for predicting the effects of changes in civil commitment decision making

We review a three-step civil commitment model and formulas for calculating the probability of release from commitment and the relative importance of the three steps in determining the outcome. New formulas are developed which enable predictions to be made about the effects of changes on the outcome of the three steps on the release probability. With the use of data from Oregon's civil commitment process, we present an example of the application of the methodology and conclude with a discussion of its major administrative and research implications.     

The effect of witnesses, attorneys, and judges on civil commitment in North Carolina: a prospective study

A total of 388 commitment hearings were observed and analyzed for demographic information on patients, name of judge, duration of hearing, identities of those present and those actually testifying, outcome of any procedural challenges, and concurrence of the judges with attorney and physician recommendations. Age, race, and gender of the patient were found to have no significant effect on the outcome of the cases. Disposition of the cases correlated with recommendations by physicians, witnesses, and state attorneys in an overwhelming number of cases. Possible harmful influences of plea-bargaining in commitment hearings are discussed.     

Paradoxes of proof and punishment: Psychological pitfalls in judicial decision making

Purpose . This study focuses on two psychological mechanisms that may inadvertently affect judges' decisions on proof of guilt and on punishment. It involves mechanisms that are clearly in conflict with formal judicial doctrine. One hypothesis, the conviction paradox, asserts that, faced with very serious offences, a judge's standard of proof will be lower than for less serious, but otherwise comparable, offences. A second hypothesis, compensatory punishment, asserts that in cases with relatively weak evidence, judges who nevertheless render a guilty verdict will be inclined to compensate their initial doubt on the matter of guilt by meting out a less severe sentence. Method . The hypotheses are evaluated in an experiment with Dutch judges and justices who serve in criminal courts. This was done using fictitious but highly realistic dossiers of criminal cases. Results . Neither of the two hypotheses was supported in the present study. Conclusions . Findings are discussed in relation to their implications for theory development and future research in the area of legal decision making.     

The structure of civil commitment

The contents and provisions of civil commitment codes are shaped by a number of influences. This article examines those influences and categorizes them as either falling within the civil commitment system itself or as being external to that system. From an analysis of those internal and external influences, it is concluded that the structure of civil commitment is very much dependent upon the environment in which such laws operate and upon the intricate and integral relationship between civil commitment and other important forms of mental health legislation (incompetence to stand trial, the insanity defense, etc.).