Showing papers by "Bruce J. Winick published in 1999"

Therapeutic Jurisprudence and the Civil Commitment Hearing

Abstract: Because civil commitment results in a massive deprivation of liberty, a hearing is required as a matter of due process. Due process contemplates a fairly elaborate adversarial judicial hearing. In practice, however, the civil commitment hearing often is an empty ritual in which the lawyer relaxes her adversarial role and the judge reaches a foregone conclusion after a brief proceeding lasting only minutes. This article uses the approach of therapeutic jurisprudence to criticize this practice and to suggest ways in which the civil commitment hearing can be reformed so as to maximize its therapeutic potential. Judges, lawyers, and testifying clinicians can play their roles differently to provide the individual with a greater sense of voice, validation, dignity, and respect. This will produce greater satisfaction by the individual and increased compliance with the court's ultimate decision, and should enhance the efficacy of any hospitalization that is ordered.

Planning for the Future Through Advance Directive Instruments

Abstract: This Foreword traces the development of advance directive instruments and discusses their legal enforceability and many benefits. Despite their advantages, advance directives remain underused and are frequently ignored by service providers. The articles in the special issue discuss why this is so and offer and debate a variety of remedial proposals. They analyze the various legal, clinical, ethical, and practical issues presented by the use of advance directives for health and mental health care, and examine new directions in their use. The Foreword describes the organization of the special issue, summarizes the articles it contains, and comments upon their significance.