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Civil Commitment from a Systems Perspective

Civil Commitment from a Systems Perspective Responsibility for the civil commitment process currently is shared between the justice and mental health systems. Neither system, however, owes substantial loyalty to the goals of civil commitment. The result, as documented in numerous empirical studies, is that the ostensible goals of the process are routinely subverted in favor of other systemic interests. Most reform efforts to date, focused on altering legal rules to conform to doctrinal desiderata, have ignored this problem, leading to uneven and disappointing outcomes. A systems perspective on these problems suggests that one means of dealing with systems whose loyalty to a task is questionable is to create an independent system with the incentives to give primacy to the task in question. The implications of this analysis for civil commitment are explored. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Civil Commitment from a Systems Perspective

Law and Human Behavior , Volume 16 (1): 14 – Feb 1, 1992

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Publisher
American Psychological Association
Copyright
Copyright © 1992 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF02351049
Publisher site
See Article on Publisher Site

Abstract

Responsibility for the civil commitment process currently is shared between the justice and mental health systems. Neither system, however, owes substantial loyalty to the goals of civil commitment. The result, as documented in numerous empirical studies, is that the ostensible goals of the process are routinely subverted in favor of other systemic interests. Most reform efforts to date, focused on altering legal rules to conform to doctrinal desiderata, have ignored this problem, leading to uneven and disappointing outcomes. A systems perspective on these problems suggests that one means of dealing with systems whose loyalty to a task is questionable is to create an independent system with the incentives to give primacy to the task in question. The implications of this analysis for civil commitment are explored.

Journal

Law and Human BehaviorAmerican Psychological Association

Published: Feb 1, 1992

There are no references for this article.