What are the two broad rationales for the government's power to ...

[chandani]

What are the two broad rationales for the government's power to put people into psychiatric hospitals against their will, through civil commitment procedures?
 
  Answer:

Question 2

A public policy official reads that the rates of violence are five times higher among people with serious mental illness than they are among the general population. Based on this evidence, the public policy official recommends legislation that would allow
 
  those with serious mental illness to be detained preventatively to keep them from committing violent offences. What is the scientific evidence that suggests that such a policy is not justified?
 
  Answer:

[stallen]

Answer to Question 1

U.S. law has two broad rationales for involuntary hospitalization, which hinge on the government's responsibility to protect those who cannot protect themselves, as well as to protect the public at large. The concept of parens patriae (state as parent) refers to the government's humanitarian responsibility to care for its weaker members. Under parens patriae authority, civil commitment may be justified when the mentally disturbed are either dangerous to themselves or unable to care for themselves. Police power refers to the government's responsibility to protect the public safety, health, and welfare. This concept means that civil commitment is used to confine those who present a danger to others.

Answer to Question 2

The actual risk of violence is much lower than publicly perceived. Ninety percent of mentally ill people have no history of violence. Furthermore, while current psychotic symptoms predict violence, past psychotic episodes do not predict future violence. While the percentage of violent behavior among those with mental illness is higher than it is among the general population, those statistics include those who abuse alcohol or drugs. Substance abuse increases the likelihood of violence for both the mentally ill and the general population. Finally, other factors, such as poverty, also increase the risk for violence, and our society would consider it a violation of civil liberties to detain someone simply for being poor. Except in certain extreme cases, this policy would not be justified.