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Vol 21 No 11 Nov/Dec 2016

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The Right to Refuse Mental Health Treatment

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Bruce J. WinickProfessor of Law, University of Miami School of Law, USA

ISBN13: 9781557983695
ISBN: 1557983690
Published: June 1999
Publisher: American Psychological Association
Format: Hardback
Price: £22.50



This text provides a comprehensive treatment of the legal issues surrounding the right to refuse mental health treatment. Professor Winick lays the groundwork by examining six different mental health treatment techniques. Presented according to the concept of ""intrusiveness"", from least intrusive to most intrusive, Winick describes the following interventions: psychotherapy; behaviour therapy; psychotropic medication; electroconvulsive therapy; electronic stimulation of the brain; and psychosurgery. To this intervention spectrum, Winick then offers a legal analysis of the issues surrounding the right to refuse mental health treatment. Drawing from various sources of law - and primarily from constitutional law - he explores his topic from an exacting and mulitfaceted legal perspective.

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Contents:
A Continuum of Intrusiveness; Psychotherapy; Behaviour Therapy; Psychotropic Medication; Electroconvulsive Therapy; Electric Stimulation of the Brain; Psychosurgery; The Constitution and Other Sources of Legal Limitation on Governmentally Imposed Therapy; The First Amendment and Mental Health Treatment - Constitutional Protection Against Interference With Mental Processes; Substantive Due Process and Mental Health Treatment: Constitutional Protection for Bodily Integrity, Mental Privacy and Individual Autonomy; Treatment as Punishment: Eighth Amendment Limits on Mental Health Interventions; Religious-Based Refusal of Treatment: Constitutional Protection for the Free Exercise of Relgion; Are Mental Patients Different? - Equal Protection Limits on Involuntary Treatment; Scrutinizing the Governemt's Interests in Involuntary Treatment; Scrutiny of the Means Used to Accomplish Governmental Interests; A Therapeutic Jusisprudence Analysis of the Right to Refuse Mental Health Treatment; Waiver of the Rights to Refuse Treatment - The Requirement of Informed Consent; Procedural Due Process and Involuntary Therapy - The Right to a Hearing; The Future of the Right to Refuse Treatment.