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Original Articles

Implementing the Right to Treatment

Pages 91-102 | Published online: 01 May 2009

References

  • 1966 . 373 F.2d 451 (D.C. Cir.). Rouse, after his acquittal by reason of insanity on a charge of carrying a dangerous weapon (a misdemeanor punishable by a maximum sentence of one year) was involuntarily committed to Saint Elizabeths Hospital as required by law. D.C. Code Ann. § 24–301 (d) (1967). Rouse brought a habeas corpus action alleging, inter alia, that he was not receiving treatment. The Court of Appeals for the District of Columbia Circuit, reversing the district court, held that the right to treatment established by statute, D.C. Code Ann. § 21–562 (1967), is a right guaranteed to those involuntarily committed by reason of insanity; and that unless plaintiff receives such treatment, his detention violates the law of the United States and he is entitled to relief on habeas corpus.
  • Council of the American Psychiatric Association . 1967 . Position Statement on the Question of Adequacy of Treatment . Am. J. Psychiatry , 123 : 1458
  • 1967 . 80 Harv. L. Rev. , 898 : 900
  • 1967 . Note: Civil Restraint, Mental Illness, and the Right to Treatment . 77 Yale L.J. , 87 : 91
  • 1968 . S.B. 1274 & H.B. 2118, Pa. Gen. Assembly, Sess
  • 1969 . 20 C.F.R. §§ 405.1036-8
  • 1968 . S.B. 1274 & H.B. 2118, Pa. Gen. Assembly Sess
  • See text at note 5 supra.
  • 373 F.2d at 456 n.22
  • Durham v. United States . 1954 . 214 F.2d 862 (D.C. Cir.)
  • “[A]n accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.” 214 F.2d at 874–5
  • Covington v. Harris . March 14 1969 . March 14 , No. 21, 935 (D.C. Cir.)
  • Covington v. Harris .
  • Covington v. Harris .
  • Lanterman-Petris-Short Act . 1968 . Cal. Welf. & Inst. . Code § 5000 et seq. (Deering Supp.)

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