International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?

part One|20 pages


chapter 1|18 pages


ByKate Diesfeld, Ian Freckelton

part |71 pages

TwoInternational Approaches

chapter 2|32 pages

A Therapeutic Jurisprudence Model for Civil Commitment

ByBruce J Winick

chapter 3|19 pages

Involuntary Treatment: Searching for Principles

ByGenevra Richardson

part Three|86 pages

Involuntary Detention of those with Mental Illnesses

chapter 5|18 pages

Where is the Asylum?

BySuzy Stevens

chapter 6|20 pages

Decision-Making by Psychiatrists about Involuntary Detention

ByRuth Vine

chapter 7|21 pages

Choosing Among Options for Compulsory Care

ByJohn Dawson

part Four|111 pages

Review of Involuntary Detention Decision-Making

part Six|69 pages

Involuntary Outpatient Detention

chapter 18|19 pages

Coerced Community Treatment: International Trends and Outcomes

ByVirginia Aldige' Hiday

chapter 20|15 pages

A Clinical Perspective on Involuntary Outpatient Treatment: Efficacy and Ethics

ByAlexander I F Simpson

chapter 21|17 pages

Rights Issues in Compulsory Community Treatment

BySylvia Bell

part Seven|75 pages

Intellectual Disabilities and Involuntary Detention