Civil commitment and criminal commitment are both ways in which people get the people they deserve and need even if they don’t fully realize what they need. These commitment processes are trying to better the person who truly needs help. I will be explaining the definitions of both civil commitment and criminal commitment. Then I will explain the details of each of them so you can hopefully recognize the differences between these processes and how people are affected by each of them. Civil commitment is when certain people who have been deemed unstable are forced into mental health treatment. There are a large number of people who decide to go into treatment through their own free will. On the other hand, there are people who are not even
Wexler D, Developments in the law-civil commitments of the mentally ill, 87 Harvard Law Review 1190 (1974)
One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where criminal wrongs tend to have. impact on society itself.
Sex offenders. These people have sparked much debate in the years past and also quite a lot now in the present time. No matter where one could go, one will always hear stories and news reports of incidents of adults being involved with children in a sexual manner or of some poor woman being raped. An example of this could be a preacher touching the altar boys, a man forcing himself onto a woman he held at gun point in an alley, it may just be an average run of the mill creep offering kids candy at a playground hoping to get something in return, or unfortunately it could just be a drunk person seen urinating outside, but that is the day and age we live in. The list is endless unfortunately and these offenders some in a variety of shapes, sizes, and appearances. There are a number of various factors such as what a sex offender is, what drives them, what civil commitment is, how civil commitment can be a solution, and why it might not work. First the question must be asked, what is a sex offender?
It is very hard to differentiate an ordinary mental health from a mental illness because there is no easy way of knowing unless you test them. Also, some mental health illnesses can be imitated by physical disorders. Mental health illnesses are ruled on any physical disorder, they are diagnosed and treated from the signs and symptoms, and also on how much the illness affects your everyday life ("Mental health: What's normal, what's not - Mayo Clinic", n.d.). Civil commitment laws have been around in the United States ever since the 1800s. Civil commitment cases mostly consist of family members of a mentally ill person who will try to commit the person in order to guarantee that they get help. The court system does not always care for civil commitment if the person is not showing direct danger or threats to them self or to others around them ("Civil Commitment of the Mentally Ill", n.d). In this paper we will talk about the insanity statutes being used in the state of Georgia and how often the insanity defense is being used, and the major criticisms of the insanity defense.
Ruch, J. (1999-2013). Differences Between Civil Court & Criminal Court. Retrieved from eHow discover the expert in you: http://www.ehow.com/list_6533163_differences-civil-court-criminal-court.html
This essay intends to address the role that state agencies, both within the Criminal Justice System (CJS) and more broadly the institutions of education, employment and health, play in supporting and implementing diversionary programs for offenders with mental health problems. Mental health is clearly one of the most critical issues facing the Australian and New South Wales (NSW) CJS with research indicating that offenders with mental health problems constitute the majority of those within the prison system. The current strategies for diversion will be critically evaluated in order to determine their effectiveness with regard to the delivery and production of justice, cultural sensitivity for Indigenous Australians will also be considered. The social construction of mental illness and the associated process of stigmatisation of this particular group will be explored in conjunction to explain why society still fails to prevent the mass entry of people with mental health issues into the traditional CJS.
There was once a Television show name “Berretta” and the show theme song said do not do crime if you cannot do the time. That is a true saying, one that should be on every criminal mind why they are committing a crime. Sentencing a criminal for crimes for which they have been convicted of is their due punishment according to the severity of the crime committed. The Courts have for centuries punished criminals according to the belief of the society in which the crime was committed.
Civil commitment is defined as “a process by which a court determines whether or not to order an individual to receive treatment or care or be confined” (The Columbia Electronic Encyclopedia, 2013, p.1). There are two legal principles that are part of a state’s interest in civil commitment. They are parens patrae and police power. The term ‘parens patrae’ is a philosophy that states that the government is in charge of his/her citizens when such citizens are not able to care for himself or herself (Testa & West, 2010). The term ‘police power’ is defined “as the inherent and plenary power of a sovereign to make all laws necessary and proper to preserve the public” (Lareau, 2013, p. 308).
Even though there are studies on how being married with your spouse being incarcerated, more people are deciding to get married to their loved ones during their confinement. Research shows that the stigma of such unions include but are not limited to: divorce, financial hardships, judgment from society, as well as from family and friends, and also loneliness. These are only a few reasons why loving a person during their time of restraint is frowned upon by many in the field of marital counseling. These are those that feel that persons in these situations bring this discernment on themselves. The effects of incarceration on a person can be forced upon them by the reality of society.
Every year, nonviolent people are incarcerated for crimes that do not threaten the safety of others only because they have a mental illness. Because of this, 25-30% of inmates are mentally ill (McClealland 16). To prevent this, most jurisdictions have at least one criterion that is reflected on whether or not a person is posing a danger to themselves or others. Some other criteria which can also be connected to a danger such as a disability or inability to provide for one's basic human needs or that some treatment would be crucial for ones wells being. But being committed requires proof that hospitalizing the patient will be the least restrictive in addition to showing a sign of being dangerous ("Commitment." 26). Court stated that involuntary commitment procedures restrict a harmless person to live safely outside an institution despite the fact that they are mentally ill ("Commitment." 27). Polly Jackson Spencer, Bexar County Judge states, “We don't want to send people to jail if they are not a threat to society” (Dayak, Meena, and Gonzales 24). Forcing harmless individuals into jail will not help their illness. In fact, it will only worsen it. Jails are incapable of handling unstable individuals. Because of their incompetence to help inmates, there is a high number of mentally ill being beaten, mistreated, and killed by guards, or ultimately killing themselves (McClealland 16). Many jails don't even test their incoming inmates for any mental illn...
(Justia US Law website, n.d.) This means that involuntarily committed patients do have the right to refuse psychiatric treatment as long as they do not pose a danger to themselves or others as determined by a medical provider using professional judgement. (Wortzel, 2006, para. 6) The refusal of treatment is an issue because mental health professionals know that the medications will help the patient, however also knowing that forcing medication could be a liability. (Oriol & Oriol,
2. Compare and contrast tort and criminal law. What are some types of behavior that would be covered by both types of law? In criminal law, the indictment is by the legislature. Disciplines might be fines (paid to the administration) or the correctional facility. In tort law, the offended party who brings the claim is the individual who was specifically harmed and the discipline is normally installment of harms to the individual harmed. A few demonstrations of conduct that would be secured by both sorts of laws are whether some individual physically hit another person and intended to bring about damage on them that would
Green believes that the proper analysis for the relationship between retributive justice and distributive justice should be decided on a "case-by-base basis" and should take three distinct factors into consideration. The first factor is to determine the specific offense that the person is being charged with. In the second, we need to see how he was disadvantaged and if it's relevant to deciding his blameworthiness. The final one is where we need to "consider the economic and social circumstances of the crime victim."
One way of looking at criminal law is that it is dealing with something of public awareness. For instance, the public has awareness. in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders, and.
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.