Journal article
HOW MANY PROCEDURAL SAFEGUARDS DOES IT TAKE TO GET A PSYCHIATRIST TO LEAVE THE LIGHTBULB UNCHANGED? A Due Process Analysis of the MacArthur Treatment Competence Study
Psychology, public policy, and law, v 2(1), pp 45-72
01 Mar 1996
Featured in Collection : UN Sustainable Development Goals @ Drexel
Abstract
The MacArthur Treatment Competence Study developed measures of treatment decision-making competency in accordance with current legal standards for competency determinations. The current legal standards are more stringent than necessary and may not comply with the 14th Amendment's requirements of substantive and procedural due process. If policy makers and legal decision makers rely on the MacArthur instruments when making competency determinations, standards for treatment competency may become even more stringent, threatening the autonomy of mental health treatment refusers.
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Details
- Title
- HOW MANY PROCEDURAL SAFEGUARDS DOES IT TAKE TO GET A PSYCHIATRIST TO LEAVE THE LIGHTBULB UNCHANGED? A Due Process Analysis of the MacArthur Treatment Competence Study
- Creators
- Trudi Kirk - Villanova UniversityDonald N Bersoff - Villanova University
- Publication Details
- Psychology, public policy, and law, v 2(1), pp 45-72
- Series
- Special Theme: A Critical Examination of the MacArthur Treatment Competence Study: Methodological Issues, Legal Implications, and Future Directions
- Publisher
- American Psychological Association
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Web of Science ID
- WOS:A1996VE48500004
- Scopus ID
- 2-s2.0-13544259058
- Other Identifier
- 991021874485704721
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InCites Highlights
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- Web of Science research areas
- Health Policy & Services
- Law
- Psychology, Multidisciplinary