Without such a finding, Zachary wrote, an involuntary commitment
order could not be upheld.
The proposals are also grounded in several false assumptions of fact: that forced treatment is more beneficial than harmful (evidence indicates otherwise); that increasing involuntary commitments
will decrease the number of mentally ill prisoners (there is absolutely no evidence for this); and that individuals receive quality treatment in state receiving facilities (most provide bare-bones, subpar treatment).
The NICS Improvement Act of 2007 provides that individuals can pursue appeals of firearm denials under federal law based on prior involuntary commitment
through state action, rather than through a long-defunded federal administrative process, if the state meets certain statutory conditions, which Michigan has not.
Washington rejected an involuntary commitment
, demanding a "causal
The involuntary commitment
laws face logistical hurdles as well.
Holding: The Supreme Court of Pennsylvania reversed the finding of the superior court and held that a court is required to give deference to a physician's involuntary commitment
decision and that it must only be supported by a preponderance of the evidence available to the physician at the time the decision was made.
is more than a loss of freedom from
Amongst the psychical disorders, involuntary commitment
is more frequent in patients suffering from schizophrenia or other psychical disorders, while the aggressive potential is higher in patients with paranoid schizophrenia.
(109) The Maryland Court of Special Appeals--although not a federal court--distinguished its facts from those in Midgett, finding that a "commitment" had not occurred because the procedures were not sufficiently formal to warrant an involuntary commitment
. (110) The case was remanded to the Circuit Court of Montgomery County for further proceedings.
This Note posits that while the involuntary commitment
Instead, HB-1355 attempts to use what might be called a 1960s standard for involuntary commitment
, but applied to gun ownership.
(65) The subsections that follow apply the Mathews balancing test to criminal proceedings, juvenile delinquency proceedings, probation and parole revocation proceedings, involuntary commitment
proceedings, parental termination hearings, and property actions.