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Judicial Decisions in Civil Commitment: Facts, Attitudes, and Psychiatric Recommendations

Published online by Cambridge University Press:  01 July 2024

Virginia Aldigé Hiday
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Abstract

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Regression analysis is applied to civil commitment decisions to evaluate the importance of psychiatric opinion, externally visible “facts,” and judges' attitudes. Indices were constructed of evidence of dangerousness, based on information presented at court hearings, and of judges' attitudes toward psychiatrists, mental hospitals, and the mentally ill, based on their responses to Likert type items. Additional variables include respondent's prior commitment status, diagnosis, court behavior, race, sex, age, and family caring. The analysis suggests that “facts” and psychiatric opinion but not judges' attitudes are significant influences on commitment decisions.

Type
Research Note
Information
Law & Society Review , Volume 17 , Issue 3 , 1983 , pp. 517 - 530
Copyright
Copyright © 1983 The Law and Society Association.

Footnotes

*

This research was supported by Grant #5 R01 MH 30548 from the Center for Crime and Delinquency Studies of the Alcohol Drug Abuse and Mental Health Administration of the National Institute of Mental Health.

Thanks are owed to the judges, counsel, and clerks, without whose cooperation this study would not have been possible. I also wish to thank Elizabeth M. Suval, Richard Lempert, and Jeffrey C. Leiter for their insightful comments on an earlier draft of this paper and Richard T. Campbell for his assistance with the logit analysis.

References

References

BERK, S.F. and D.R., LOSEKE (1981) “‘Handling’ Family Violence: Situational Determinants of Police Arrest in Domestic Disturbances,” 15 Law & Society Review 317.Google Scholar
CARROLL, L. and M. E., MONDRICK (1976) “Racial Bias in the Decision to Grant Parole,” 11 Law & Society Review 93.Google Scholar
DANIELSKI, D. J. (1966) “Values as Variables in Judicial Decision-Making: Notes Toward a Theory,” 19 Vanderbilt Law Review 721.Google Scholar
EISENSTEIN, J. and H., JACOB (1977) Felony Justice: An Organizational Analysis of Criminal Courts. Boston: Little, Brown.Google Scholar
ENNIS, B. J. and T. R., LITWACK (1974) “Psychiatry and the Presumption of Expertise: Flipping Coins in the Courtroom,” 62 California Law Review 693.Google Scholar
FEELEY, M. M. (1979) The Process is the Punishment: Handling Cases in a Lower Criminal Court. New York: Russell Sage Foundation.Google Scholar
FRANK, J. (1930) Law and the Modern Mind. New York: Brentano.Google Scholar
FRANK, J. (1949) Courts on Trial. Princeton: Princeton University Press.Google Scholar
HIDAY, V. A. (1977a) “Mental Commitment Legislation: Impact on Length of Stay,” 6 Journal of Mental Health Administration 4.Google Scholar
HIDAY, V. A. (1977b) “Reformed Commitment Procedures: An Empirical Study in the Courtroom,” 11 Law & Society Review 651.Google Scholar
HIDAY, V. A. (1981) “Court Decisions in Civil Commitment: Independence or Deference?” 4 International Journal of Law and Psychiatry 159.Google Scholar
HIDAY, V. A. (1983) “Are Lawyers Enemies of Psychiatrists?: A Survey of Civil Commitment Counsel and Judges,” 140 American Journal of Psychiatry 323.Google Scholar
HID AY, V. A. and S. J., MARKELL (1981) “Components of Dangerousness: Legal Standards in Civil Commitment,” 3 International Journal of Law and Psychiatry 405.Google Scholar
HOGARTH, J. (1971) Sentencing as a Human Process. Toronto: University of Toronto Press.CrossRefGoogle Scholar
LLEWELLYN, K. (1962) Jurisprudence: Realism in Theory and Practice. Chicago: University of Chicago Press.Google Scholar
McGARRY, A. L., SCHWITZGEBEL, R. K., LIPSETT, P. D. and D., LELOS (1981) Civil Commitment and Social Policy. Rockville, MD.: NIMH, Center for the Studies of Crime and Delinquency, DHHS Pub. No. (ADM)81-1011.Google Scholar
MILNER, J.S. and R.C., WIMBERLEY (1979) “An Inventory for the Identification of Child Abusers,” 35 Journal of Clinical Psychology 95.Google Scholar
R.C., WIMBERLEY (1980) “Prediction and Explanation of Child Abuse,” 36 Journal of Clinical Psychology 875.Google Scholar
MONAHAN, J. (1977) “Empirical Analyses of Civil Commitment: Critique and Context,” 11 Law & Society Review 619.Google Scholar
NUNNALLY, J. C. (1967) Psychometric Theory. New York: McGraw Hill.Google Scholar
RYAN, J. P. (1980-81) “Adjudication and Sentencing in a Misdemeanor Court: The Outcome Is the Punishment,” 15 Law & Society Review 79.Google Scholar
STIER, S. D. and K.J., STOEBE (1979) “Involuntary Hospitalization of the Mentally Ill in Iowa: The Failure of the 1975 Legislation,” 64 Iowa Law Review 1284.Google Scholar
THOMSON, R. J. and M. T., ZINGRAFF (1981) “Detecting Sentence Disparity: Some Problems and Evidence,” 86 American Journal of Sociology 869.Google Scholar

Cases Cited

In re Carter, 25 N.C. App. 442, 1975.CrossRefGoogle Scholar
In re Doty, 38 N.C. App. 233, 1978.Google Scholar

Statutes Cited

GENERAL STATUTES OF NORTH CAROLINA §121-58.2(1) (Supplement 1979).Google Scholar