[net.suicide] civil liberties, law, etc

mjc@cmu-cs-cad.ARPA (Monica Cellio) (01/18/85)

In the midst of my flaming I seem to have left out a few relevant facts.
Sorry.

From: hollombe@ttidcc.UUCP ? (Jerry Hollombe)
>Here, IF you can demonstrate a person is a  clear  and  present  danger  to
>themselves  (or  others)  you  can PROBABLY get them put on a 72 hour hold.

I was talking about people who had actually attempted suicide, rather than
people who are a risk but haven't done anything.

>The patient must be represented by counsel at this hearing 

Here I think that is the patient's option, but, while the law is nice and
clear on such things, hospital staffs can circumvent it easily.  Your doctor
can take away your phone privileges, for instance.  Don't laugh; I've seen it
happen to people.

>As for calling the ACLU, most  wards  have  pay-phones  accessible  to  the
>patients.  

Quite true.  A friend of mine tried to call a lawyer from one once; though he
had been told that phone calls were private, when he started to talk 
a staff member appeared from the nearby office and ripped the phone out
of his hands.  His phone privileges were subsequently taken away.  Yes, he
was breaking a rule by calling someone not on the 'approved' list. (Phone
privileges were granted such that a patient was allowed to call two or three
people at best (family had to be the first one), and he had to specify who he
was calling when he started the call.  The phone was also behind a locked
door, so random access was impossible.)  On the other hand, his civil rights
were being violated (both in not being allowed to talk to a lawyer and in
having his conversations eavesdropped on) and there wasn't a damn thing he
could do about it.

Another interesting thing about this place came out when another friend (ok, 
so a lot of my friends are considered 'odd'...) tried to leave.  She had not
been committed, and upon her entry she had been given a list of her rights.
She had also been required to sign the admissions forms, which did not
mention term of stay but did say that she had to provide 72 hours' notice if
she wanted to leave.  Guess what the 72 hour period was for.  Why didn't they
just commit her in the first place if they were going to putll that b.s. on
her?  [As an aside, every one of the 'rights' was tested and failed.]  This
person was under 18, by the way, but she, not her parents, had signed the
admissions forms. 

Anyone know how the laws break down for people under 18? 

Anyway, it is this sort of stuff that makes me despise the current system of
punishment.  I'm by no means an expert (I don't even work in the field) but
isn't there *some* other way to solve the problem aside from locking people
up?

						-Dragon


-- 
UUCP: ...ucbvax!dual!lll-crg!dragon
ARPA: monica.cellio@cmu-cs-cad or dragon@lll-crg

hollombe@ttidcc.UUCP (Jerry Hollombe) (01/21/85)

>From: mjc@cmu-cs-cad.ARPA (Monica Cellio)
>Subject: civil liberties, law, etc
>Message-ID: <243@cmu-cs-cad.ARPA>
>Organization: Carnegie-Mellon University, CS/RI

First, I'd like to remind people that what I said in  my  previous  posting
applied  ONLY  to the state of California.  I'm not well versed in the laws
of other states.  The same goes for what I say here.

>From: hollombe@ttidcc.UUCP ? (Jerry Hollombe)
>>Here, IF you can demonstrate a person is a  clear  and  present  danger  to
>>themselves  (or  others)  you  can PROBABLY get them put on a 72 hour hold.
>
>I was talking about people who had actually attempted suicide, rather than
>people who are a risk but haven't done anything.

Here people who have actually attempted  suicide  are  generally  taken  to
medical  hospitals  to recover from the attempt. (I assume the same is done
in most places.) I have known cases where we couldn't get someone put on 72
hour  hold  even  after  the paramedics had rescued them in the midst of an
attempt.  There simply wasn't any  space  available  in  the  local  mental
hospitals  (thank  you,  former Governer, now President, Reagan )-: ).  The
same funding shortages mean that Psychic Evaluation Teams (PET squads)  are
only  available  9  to  5,  Monday through Friday (really, I'm NOT joking).
Getting into a mental  hospital  on  a  weekend  night  can  be  well  nigh
impossible even for people who WANT to be admitted.

>>As for calling the ACLU, most  wards  have  pay-phones  accessible  to  the
>>patients.
>
>of his hands.  His phone privileges were subsequently taken away.  Yes, he
>was breaking a rule by calling someone not on the 'approved' list. (Phone
>privileges were granted such that a patient was allowed to call two or three
>people at best (family had to be the first one), and he had to specify who he
>was calling when he started the call.  The phone was also behind a locked
>door, so random access was impossible.)  On the other hand, his civil rights

Phones at Camarillo State Mental Hospital (for example) just  hang  on  the
wall  in an open ward -- no locks, no bugs.  As I mentioned before, the SPC
used to get calls from inpatients even after we had complained to the staff
there.

>her?  [As an aside, every one of the 'rights' was tested and failed.]  This
>person was under 18, by the way, but she, not her parents, had signed the
>admissions forms.
>
>Anyone know how the laws break down for people under 18?

Here a person under 18 doesn't really have much in the way of  rights.  Her
signature on the admissions forms would have been worthless.  If she was in
a hospital, it would be  with  the  permission  of  her  parents  or  legal
guardian  and very much up to them whether she could leave or not (assuming
the hospital was willing to keep her).  The best she could hope  for  would
be  to convince a sympathetic doctor (yes, they do exist) to discharge her.
A friend of mine did exactly that after being sent  to  an  inpatient  drug
rehab program as an alternative to jail on a drug bust.

>Anyway, it is this sort of stuff that makes me despise the current system of
>punishment.

Sadly, there are still "snake pits" out there even in California, and we're
better than most.  Over-medication is probably the worst offense in most of
these places.  You don't have to grab phones away from people who  are  too
stoned  to  find  the  handset.  You  need less people to supervise them in
general, too, and budget constraints are always tight.

>             I'm by no means an expert (I don't even work in the field) but
>isn't there *some* other way to solve the problem aside from locking people
>up?

I have a Master's degree in clinical psychology and I don't claim to be  an
expert  either.  On  the  other hand, "to solve the problem" is really much
too vague a statement to be meaningfully answered.  Some people  really  do
need  to  be locked up for their own good and that of society.  Some really
do benefit from a few weeks rest and tranquilizers.  Most have very  little
chance  of improvement if they are kept in an institution longer than a few
weeks.  Thereafter, their chances of improvement vary inversely with  their
length of stay.

I can't offer any obvious, easy answers.  I can point out  that  the  chief
controlling factor in terms of quality care is economic.  Most of the snake
pit conditions one encounters can be  traced  back  to  inadequate  budgets
rather  than  to deliberate malice or desire to maltreat people.  The money
simply isn't there to hire the quality help needed to  do  the  job  right.
(Example:  I  work  with  computers because I couldn't make a living with a
Master's in psychology.  I'm not talking about a GOOD living.  I could  not
get a job that paid enough to SUBSIST on.)

-- 
==============================================================================
   ... sitting in a pile of junk on the runway, wondering what happened ...

The Polymath (Jerry Hollombe)
Citicorp TTI                               If thy CRT offend thee, pluck
3100 Ocean Park Blvd.                      it out and cast it from thee.
Santa Monica, California  90405
(213) 450-9111, ext. 2483
{vortex,philabs}!ttidca!ttidcc!hollombe