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University of Michigan Journal of Law Reform
Article . 1976 . Peer-reviewed
Data sources: Crossref
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Michigan's Revised Mental Health Code

Authors: William Serwer;

Michigan's Revised Mental Health Code

Abstract

This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility of improper commitment still exists. Chapter Seven protects the rights of residents of mental health facilities by ensuring that each resident receives treatment suited to his condition, and by restricting the use of psychosurgery, electroshock therapy, restraint, and seclusion. While these statutes are often vague and permit the hospital to exercise its discretion, the administrative rules of the Department of Mental Health augment the Code, and often provide the necessary substance to a broadly worded statute. Chapter Ten of the Code governs the disposition of persons found incompetent to stand trial or acquitted by reason of insanity, and protects them from indeterminate commitments by requiring the state either to commit them pursuant to the civil commitment process or to release them from custody. It is these criminal provisions of the Code which have been most criticized by those who fear that the extension of due process and equal protection safeguards to criminals has resulted in inadequate protection of the rights of society.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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Average
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