History: Outline of Psychology improvements 1960-1980
An Outline of Psychology Improvements for the years 1960-1980
1. The constitutional privileges that are available to ordinary citizens are
not extended to the severely distressed, who can be deprived of liberty
through involuntary commitment, often without trial.
2. Depending on the state in which they reside, individuals who are psychologically
disabled can be hospitalized involuntarily, provided they either
experience impaired judgment, are in need of treatment, are suffering a behavioral
disability, or are dangerous to themselves or others. The notion of
dangerousness, especially, is rife with scientific, legal, and moral problems.
3. Involuntary commitment deprives a person of liberty. Before it
occurs, clear and convincing evidence must be marshaled that indicates that
the person requires hospitalization.
4. Several significant court decisions have held that those committed to
psychiatric hospitals have a right to treatment that includes individual diagnosis
and the preparation of a treatment plan that is periodically reviewed.
One negative consequence of right-to-treatment decisions has been the decline
in support for mental health programs, as the states often prefer to cut
back their support for these programs rather than incurring the additional
costs of implementing proper treatment.
5. Criminal commitment can occur either because a person was "insane"
at the time of the crime, or because he or she is presently psychologically incompetent
to stand trial.
6. The insanity defense requires that the defendant was wholly or partially
irrational when the crime took place, and that this irrationality affected
his or her behavior. While the insanity defense seemingly protects
those who commit crimes while distressed, the fact is that such people are
commonly sent to prison-hospitals, where care is worse than in prisons
themselves, and incarceration longer. Because being indefinitely committed
to a psychiatric hospital is often worse than going to prison, the insanity defense
is rarely used.
7. Historically, there have been three views of the insanity defense: the
M'Naghten "right-wrong" test, the Durham "product of mental disease test,
and the American Law Institute (ALI) "appreciate and conform" rule.
Today, there is no uniform insanity defense in Western countries, although
in the United States an increasing number of states, as well as the federal
courts, favor the American Law Institute formulation.
8. The notion of competence to stand trial is rooted in the right of every
person to defend himself against accusations. A person judged incompetent
to stand trial is sent to an institution' for the criminally insane until he is able
to be tried, which often means a long incarceration. The courts have recently
decided that people who can never become competent to stand trial
need not be "hospitalized" forever. But there is still no uniform practice regarding
how long those who are treatably incompetent may be committed,
and whether the time spent in such commitment is later to be subtracted
from the defendant's sentence. :
9. Psychiatry and psychology are particularly prone to social and political
abuses. Both in the United States and in the Soviet Union, people who
should have been given their day in court have been summarily committed
to psychiatric hospitals, there to languish, often for many years.
10. Considerable stigma attaches to seeking or requiring psychological
care. That stigma may continue long after the psychological problem has
been solved.
1. The constitutional privileges that are available to ordinary citizens are
not extended to the severely distressed, who can be deprived of liberty
through involuntary commitment, often without trial.
2. Depending on the state in which they reside, individuals who are psychologically
disabled can be hospitalized involuntarily, provided they either
experience impaired judgment, are in need of treatment, are suffering a behavioral
disability, or are dangerous to themselves or others. The notion of
dangerousness, especially, is rife with scientific, legal, and moral problems.
3. Involuntary commitment deprives a person of liberty. Before it
occurs, clear and convincing evidence must be marshaled that indicates that
the person requires hospitalization.
4. Several significant court decisions have held that those committed to
psychiatric hospitals have a right to treatment that includes individual diagnosis
and the preparation of a treatment plan that is periodically reviewed.
One negative consequence of right-to-treatment decisions has been the decline
in support for mental health programs, as the states often prefer to cut
back their support for these programs rather than incurring the additional
costs of implementing proper treatment.
5. Criminal commitment can occur either because a person was "insane"
at the time of the crime, or because he or she is presently psychologically incompetent
to stand trial.
6. The insanity defense requires that the defendant was wholly or partially
irrational when the crime took place, and that this irrationality affected
his or her behavior. While the insanity defense seemingly protects
those who commit crimes while distressed, the fact is that such people are
commonly sent to prison-hospitals, where care is worse than in prisons
themselves, and incarceration longer. Because being indefinitely committed
to a psychiatric hospital is often worse than going to prison, the insanity defense
is rarely used.
7. Historically, there have been three views of the insanity defense: the
M'Naghten "right-wrong" test, the Durham "product of mental disease test,
and the American Law Institute (ALI) "appreciate and conform" rule.
Today, there is no uniform insanity defense in Western countries, although
in the United States an increasing number of states, as well as the federal
courts, favor the American Law Institute formulation.
8. The notion of competence to stand trial is rooted in the right of every
person to defend himself against accusations. A person judged incompetent
to stand trial is sent to an institution' for the criminally insane until he is able
to be tried, which often means a long incarceration. The courts have recently
decided that people who can never become competent to stand trial
need not be "hospitalized" forever. But there is still no uniform practice regarding
how long those who are treatably incompetent may be committed,
and whether the time spent in such commitment is later to be subtracted
from the defendant's sentence. :
9. Psychiatry and psychology are particularly prone to social and political
abuses. Both in the United States and in the Soviet Union, people who
should have been given their day in court have been summarily committed
to psychiatric hospitals, there to languish, often for many years.
10. Considerable stigma attaches to seeking or requiring psychological
care. That stigma may continue long after the psychological problem has
been solved.