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Results for “Eighth Amendment”

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At least 37 records · Page 2Linked to original sources

The responsibilities of the state for the prevention and treatment of mental illness among prisoners.

There is mounting evidence that severe stress may produce profound psychophysiologic disturbances that can persist for many years. Imprisonment may be viewed as one such stress. The prison population has a high baseline incidence of mental illness, reflecting the societal groups from which most prisoners are drawn. The great stress of imprisonment may thus be a significant factor in the exacerbation of existing psychoses or in the precipitation of first psychotic episodes in certain prisoners. The responsibilities of the state in the prevention and treatment of mental illness among prisoners are not clear. United States Supreme Court rulings on sentencing procedures could be interpreted as requiring psychiatric evaluations of all prisoners. Furthermore, court rulings on the adequacy of medical care in prisons could be construed as requiring therapy for all prisoners suffering from major mental illnesses. Failure of the state to take reasonable steps to prevent and treat mental illness in the prison population may constitute cruel and unusual punishment under the Eighth Amendment of the Constitution.

Criminal Psychology↗

Requirements or incentives by government for the use of long-acting contraceptives. Board of Trustees, American Medical Association.

Following the approval of the long-acting contraceptive levonorgestrel (the Norplant Contraceptive System) for use by women, government officials have required or proposed uses of levonorgestrel that are problematic. One court ordered a woman convicted of child abuse to use levonorgestrel as a condition of her probation; legislators have proposed that women on welfare be paid to use levonorgestrel. Court-ordered use of long-acting contraceptives because of child abuse raises serious questions about a person's fundamental rights to refuse medical treatment, to be free of cruel and unusual punishment, and to procreate. The state's compelling interest in protecting children from abuse may be served by less intrusive means than imposing contraception on parents who have committed child abuse. If government benefits were based on the use of long-acting contraceptives, individuals would have to assume a potentially serious health risk before receiving their benefits. Government benefits should not be made contingent on the acceptance of a health risk.

Adult↗

Overview: the right to treatment--comments on the law and its impact.

The constitutional right to treatment has now become an accepted premise of litigation in the United States. It lacks only the imprimatur of the Supreme Court. The author presents a brief description of the history of right to treatment cases and comments on the problems and possibilities the law holds for psychiatry. He warns that psychiatric institutions must be aware of the costs and benefits of such litigation and must obtain skilled legal counsel to advise them of their rights and obligations. He calls on psychiatry as a profession to participate in right to treatment litigation and to attempt to shape legal standards so that future generations of psychiatrists can provide appropriate care to patients.

Costs and Cost Analysis↗

Hawley v. Evans.

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Acquired Immunodeficiency Syndrome↗

Kelsey v. Ewing.

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Civil Rights↗

Chaney v. Heckler.

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Capital Punishment↗

Sanders v. Coman.

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Blood Specimen Collection↗