It's Time to Mandate Treatment of the Dangerously Mentally Ill
commonsense.news
commonsense.news
That... doesn't sound like a great idea. If you're all-knowing and all-good, great. Otherwise seems like a pretty gross violation of basic human rights - what about the false positives (people who get forced treatment while claiming that they are not ill and don't need it and then that turns out to be actually true).
We could temporarily solve many of the world's problems if we had more authoritarianism, but it never ends well in fiction or in real life.
Sentencing someone to a secure hospital rather than a prison for crimes is one thing. Sentencing them for not fitting in is another.
Sorry if I have misunderstood
I think the police should be allowed to arrest this man. A DA might decide to file this new mental health charge against him. Assuming the crazy person doesn't accept the plea deal he would be offered, voluntary commitment in a mental health facility, this goes to trial. If the trial finds the defendant guilty of being insane, he is forcefully commited to said mental health facilty.
Are there issues? Sure. Is it somewhat ok because it's done via due process? Maybe. Is it better then letting potentially violent crazies in desperate need of mental health treatment run loose? Absolutely.
It's possible to construct a system that respects the rights of the mental health patient, but we have historically not been able to do so.
Before the 80s, we'd just throw people into madhouses and toss away the key. That system, and its myriad of abuses was torn down due to public backlash, and was replaced with... Nothing.
The workaround to the very high costs of working within these rulings was imprisoning people for drug or other non violent offenses, which was much cheaper and easier.
The long-term system was largely shut down in the 80s, because of the aforementioned abuses. The bar to get someone thrown in the loonie bin was very low, and once you're there, good luck proving that you're sane, or that you're being abused and mistreated.
why are we talking of "institutionalizing" people? Compulsory treatment of someone experiencing an episode involves depriving them of liberty, while staff ensure they take their drugs, and doctors monitor their effects. Institutionalization generally means that you've been incarcerated so long that the institution is now your home, and it would be a struggle to live back in the world. Institutionalization was a large part of the problem with the old asylums.
At least one mentally-ill person I've known had been taken off the street several times; she was bitterly critical of the abolition of the psychiatric hospitals.
We have a criminal system even though the exact same is true in some crimes.
False positives = someone wrongly accused of a crime by the police.
After the accusation follows a trial (this is the judicial system) where the wrongly accused can prove that they in fact did not commit the crime.
Thus judicial system is setup to deal with the false positives.
Obviously psychiatry has come a long way since lobotomy, but it doesn't have a great history when it comes to treating unwilling patients.
If a mentally unwell person is a demonstrated threat (ie commits crimes and harms/endangers people) the state already has the power to lock them up. In my view letting the state forcibly alter their brain and mind against their will is a bridge too far.
I don't share your view. It's quite clear to me that there are circumstances when a mentally-ill person benefits enormously from compulsory treatment (provided they are released; a system that rewards clinics financially for continuing to detain patients that are fit for release is a special kind of madness).
Nowadays law enforcement does not know your name, they suspect you from first contact and family is not as tight knit as it was. I would be very leery of asylums in present society, due to the many ways in which society has changed.
I believe a big story a few years ago was how they stripped a retired cop of his gun license over his admission that he was "sometimes blue" even though there was no indication that he would be dangerous to himself or others.
I think this is a broad argument that applies equally to prison, too; would you bite that bullet and argue for abolishing prison as well? If not, I think your conclusion is a bit hyperbolic.
In practice the discussion is (should be) quite nuanced. If someone is a clear and present danger to themselves or others due to mental instability, then it seems reasonable to me to confine them until that danger is resolved. But of course, that's a slippery slope and so the danger should be clear and substantial, and involuntary commitment should not be an indefinite thing, a tool used to take homeless off the streets, for example. A robust and independent ethics board reviewing decisions is an important component.
One thing to note is that lots of other countries do this, and the US is something of an outlier; one could just look at other countries for examples to evaluate whether this idea would present a terrible slide into authoritarianism. For example, in the UK: https://www.nhs.uk/mental-health/social-care-and-your-rights....
One could also do an A/B test by analyzing California circa 1972 when the Lanterman–Petris–Short Act ended involuntary commitment: https://en.wikipedia.org/wiki/Lanterman%E2%80%93Petris%E2%80.... Was the US more authoritarian in the 60s, when involuntary commitment was common? It's reasonable to suggest it was overused (see, One Flew Over The Cuckoo's Nest), but so were many medical practices (see, forced sterilization of women). I think it's reasonable to suppose that we use a lighter touch if we tried again.
Fortunately, this is an issue that lots of smart people write on already: https://slatestarcodex.com/2016/03/07/reverse-voxsplaining-p....
The English system unambiguously leads to abuse. We see autistic people held for years in secure services because it's thought they pose a risk of harm to others, but often that risk is evidenced by behaviours they exhibit while under severe restriction in hospital. I'd argue that if you put anyone in a locked room with nothing but anti-ligature clothing and keep them there for a month they'd act aggressively. See also the many documentaries about abuse, eg Winterborne View, St Andrews, Edenfield Centre, TEWV, etc etc.
Anyone? I can't speak generally, but the people I know that have been forcibly treated didn't become more aggressive, they became less aggressive. They got on well with the care staff, continued taking the pills on release, and were glad they'd been treated.
I've known a couple of schizophrenics, but I know nothing about their response to treatment or incarceration. My experience is restricted to a handful of people with bipolar.
It's great that you've met a couple of people with severe mental illness that had good experience of care - most people do. But it's not relevant to what I said.
Solitary confinement is torture, which is why it's banned unless there's no other option. In the English system seclusion is used far too often, and often as a first not last resort. This is also true for restraint and rapid tranquillisation. There are national and local programmes of work trying to reduce use of force, and we've even had a recent law change to prevent the use of force in mental health units. The new law recognises that people's human rights were being abused.
https://www.legislation.gov.uk/ukpga/2018/27/enacted
https://www.gov.uk/government/publications/mental-health-uni...
https://restraintreductionnetwork.org/
We're reforming the mental health act because we recognise that people's human rights are not respected, and to improve the use of advance directives and reduce the use of compulsory treatment, especially the use of force: https://commonslibrary.parliament.uk/research-briefings/cbp-...
I currently work in Oregon, where (in practice) it's more difficult than any other state or country where I have worked to admit someone involuntarily to the hospital. This has resulted in a greater number of mentally ill people staying untreated until the point that they do something that gets them arrested (which may or may not involve serious harm to someone else).
In my opinion, this particular balance between individual autonomy vs involuntary treatment does not seem to be a net positive for either the community or individual rights.
The other factor is that many medications for the treatment of psychotic disorders (psychotic meaning hallucinations, delusions, and disorganized thoughts - NOT meaning wanton violence) tend to have unpleasant side-effects. If you are convinced that you are not ill, you wouldn't want to take them either.
It's not always irrational to refuse, but a total absence of insight into illness precludes a rational decision.
I am speaking from experience as a depressive person (not actively sick right now): I know that I do not think objectively when I am ill, but I only know this when I am not ill.
Being depressed is terrible. I cannot imagine what hallucinations must be.
The disparity of care between mental health conditions and all other health conditions is laughable, including in New York State, despite "mental health parity" rules. For those with Medicaid (public health program for those meeting certain low-income or disability criteria), this disparity isn't as severe. However, many young adults with serious mental illness are covered by commercial health plans via their parents, and it is these plans that are relatively weak when it comes to mental health coverage.
These plans do well when it comes to emergency, in-patient interventions, but fall short when it comes to ongoing outpatient support. Much of this is due to lack of participation by mental healthcare providers in the insurance reimbursement system, likely as a result of low reimbursement rates. Why see patients with serious mental illness reimbursed at $100 a session when one can see less complex patients paying cash at $150 or even $200 a session.
This has been exacerbated by the prevalence of mobile app-based therapy arrangements, which, again, are suitable for someone who is reasonably healthy and needs some additional support, but may be completely inappropriate for those with a serious mental health condition.
Mental health care parity laws need teeth. The free market will not solve this.
I can't find it right now but Freddie deBoer had a pretty good, and by good I mean harrowing, description of psychiatric medication, then medication for the side effects of psych meds, then... It's definitely not like taking antibiotics.
Well, yes; even talking therapy can have side-effects (and talking therapy often doesn't work). But I take it you're referring to treatment with anti-psychotic drugs. They have bad side-effects; but they work pretty consistently, in the sense that they suppress delusions and delusional behaviour.
> jailing many of these patients indefinitely.
That's never the right solution, unless you happen to be the owner of a private secure psychiatric clinic. You confine a patient while you medicate them, and release them a few months later, once they've convinced you they'll take their pills. Then you monitor them in the community, ideally indefinitely.
> It's definitely not like taking antibiotics.
It surely is not like taking antibiotics. Anti-psychotic drugs are very blunt instruments, including the more recent ones. If you had those side-effects, you'd correctly conclude that the drugs were making you ill.
Will the definition of dangerously mentally ill be the same in urban Vermont vs rural Mississippi?
We have a lot of problems with racism in the US. How do we ensure that this won't become another tool of oppression?
Maybe we start by not electing the dangerously mentally ill to the presidency instead.
In my experience, these kinds of headlines are written by specific kinds of people for specific kinds of people and don't really have anything to do with the rest of us other than being forced to see it.
Interesting branding. I don't think I've ever seen e.g. a newspaper or magazine marketed as "for sane people."
I don't have a good answer to the problem here myself. But I'm pretty nervous about forcibly medicating folks...
People who present a risk? That could be a lot of people... who picks what meds they are forced to take? How can you possibly ever get out of such a system?
We should not set policy based on a knee-jerk, tunnel-vision, trauma/fear reaction.
And anyway... Context is important: https://counciloncj.org/mid-year-2022-crime-pr/
There is no authoritative or even moderately reliable way to diagnose "dangerous" mental illness. It is a fairly well established fact that mental illness is more associated with _victimization_ than perpetration of violence. This kind of scaremongering is entirely based in ableism, not actual "common sense."
I consider myself to be more right-leaning and "conservative" but neither I nor any other conservatives I know would support this. Typically, though not always, people on the right want to take away power from the government - not enhance it as this would do.
Nor can you in good faith generalize the ideas of a single person to be representative of all members of the political party that individual claims to be a part of.
I'll add that every conservative in my life would be against this. It actually the kind of thing they hate most about the democratic party policies they complain about: government mandated. Does the topic of vaccine mandates ring a bell?
It's not like the government couldn't make you disappear if it wanted to badly enough already.
Trying to skirt that by pointing to a blurry line at the border of "sanity" does these folks a great disservice I think. They deserve better care than they are getting now.
The main type of medication is anti-psychotics. These drugs are also classed as "major tranquilizers" - drugs such as the notorious "chemical cosh" haloperidol are in this class. They suppress delusions, or at least delusional behaviour; but they make you gain weight, rock, tremble, mumble. The side-effects are progressive. Modern anti-psychotics have less side-effects than the old ones, but their effects are very marked.
For people with bipolar, their illness sometimes makes them feel alive and cheerful, and the drugs take that away from them, depriving them of affect and zest for life. Basically the pills make them unhappy.
So we're discussing forcing people to take pills that make them feel ill or unhappy. That's only justifiable if the compulsion regime is completely trustworthy. We have a compulsion regime in the UK (we tore down our asylums back in the 80s, just like the US). If you have an episode, you can be incarcerated for a few months on the say-so of two doctors. It seems to work alright - as far as I can see, they farm you out to some private secure clinic.
But between the train-wreck of US law enforcement and the US reluctance to spend money on public health, along with the heavy, heavy politicization of everything in the USA, I think it would be dangerous to adopt the same model in the USA.
Are you talking about the kids who are identified as trans and put into conversion therapy?
- "Conversion therapy" generally means programs designed to make children straight, and I have never heard anyone use it the way you're using it
- Puberty blockers are routinely used for precocious puberty in non-trans children, and are no more dangerous than any other routine medical intervention
- Given how difficult it is for minors who themselves insist that they are trans to access medical care, and the fact that I can't find any credible reports of such things happening, I don't believe you when you insinuate that adults force children into transition
- Being gay doesn't require sexual activity; we accept that straight minors can experience romantic feelings, and it's not at all frowned upon in American culture. Asserting that gay minors cannot also experience romantic feelings is simple homophobia. I was a bisexual child before I became a bisexual adult, and I dated people of the same sex in high school.
I haven't heard of anyone using "conversion therapy" on children to make them straight (maybe for teens or adults in the 60s or something, and in fringe groups after that). But there is certainly a booming industry around giving children puberty blockers and hormone therapy
Also there aren't trans children without adults who are leading them into believing that they are in the wrong body, be it through positive reinforcement, abuse, or whatever other means
Your final point is pretty loaded. Children don't have romantic feelings, but they will express fondness for others by emulating things that they see adults doing. I don't think you were a "bisexual child" since you were (hopefully) not being sexually engaged as a child
1. https://williamsinstitute.law.ucla.edu/wp-content/uploads/Co...
At this point it's pretty clear that you're arguing in bad faith. I've read enough Satre to understand what's going on here. Thanks.
You've completely changed the person's argument by replacing "minors" with "children". They used "child" once, but the context clearly didn't mean prepubescent.
Moreover, I'm not sure if you know this, but in general, people can experience sexual attraction without being sexually active. Maybe it's different for you, in which case, just know that in this case it's probably better to switch from extrapolating from personal experience to gathering external evidence.
First you have to further pacify the policing and government systems of the US, which are far too often hyper violent and cruel. That process has only just barely begun as it is (starting with reducing sentencing, sane drug laws, reducing police brutality, etc).
If you mandate X for the dangerously mentally ill (which ones are supposedly dangerously mentally ill?), what you'll get is terrifying abuse of the mentally ill broadly, in many different ways.
The US is not Finland. The US is not Norway. The US is not Estonia. We're not some soft, cuddly European-style welfare state. The US has a very, very, very violent government, a superpower government that likes to abuse its power, one that often does not respect the rights of its citizens.
Before you give the governments in the US (federal, state or local) such powers of treatment (which would include forced detainment against their will, instantly walking to the thin line of human rights violations) you better pacify it first, or you will not like the results. Then we'll be here 20 years from now and it'll be an avalanche of laments about all the horrific human rights violations that happened under the Treating Mentally Ill People With Respect Act. Who could have seen it coming?!? We didn't expect them to do such horrible things with those powers! And so on.
Really above and beyond.
Part of this is that our local police department has rigorous selections and training.
All cops must have a graduate degree before receiving a permanent job offer.
It is a hard read, but that is this article is arguing for.
edit: Hell, I get freedom is scary. There are times I see and hear of people who use it in ways I would never think of considering thinking of dreaming about, but blanket convenient labeling, followed by drugging to ensure they can rendered docile is one of the more horrifying things a civilization can do to a person all the while proponent of the policy managing to feel warm and fuzzy about it. It certainly does not help ( and likely colors my thoughts ) that I regularly attend conferences where some well-meaning soul asks a seemingly benign question along the lines of 'We are already have data X; why are we not using it to do Y.'
> The underlying problem is that the ACLU and other progressive libertarians view the mentally ill as victims of society deserving of special rights, including a he right to avoid the consequences of their behavior.
No, the ACLU believes that without strong protections against forced hospitalization and treatment, people will be abused and stripped of rights in the false name of community safety.
The ACLU doesn’t just believe this on idealist grounds, they believe this because that is the legacy of asylums in the USA.
Government does not back down, and I am deeply concerned that a system that mandates the treatment of someone for a disease could expand that definition, far beyond what anyone intended.
We should look to the Netherlands or similar to find models for effectively dealing with potentially violent mental illness.
They completely switch from presenting a case about the "dangerously mentally ill with a propensity for murder" casually to just the "mentally ill."
Even drawing a line between the two in the first place can be fraught with ethical difficulties, and all the "advocates" in this process are not duty-bound to the person who's mental health status is about to be "determined" by the state; and it's highly likely everyone else involved in the process will have some financial incentive to start as much treatment as is possible.
It's easy to see the imputed process here making more errors than it prevents, since it seems to be a process that can be applied before any guilt is established.
-Temperate weather
-Dense environment where travel by personal vehicle is not necessary
-society does not imprison people for drug use/sleeping outside (trespassing)/other activities of people with severe mental illness
NYC qualifies for the dense environment, western US cities contend with temperate weather and Martin v Boise ruling, plus other politics that prevent imprisoning mentally ill people.
Hence suburbs that require personal cars are the best solution for those looking to minimize interactions, since the personal car serves as a credit check of sorts. And/or living in areas where weather does not permit living outdoors.
"including the right to avoid the consequences of their behavior."
To me, this reeks of bias. They don't avoid consequences. The consequences are different (secure psychiatric facility vs prison). The main point of the punishment for a crime is to prevent it from happening again (and Gove the victim closure/recourse within the confines of the law). Stick a psychotic person in prison, they likely will be even worse when they come out. At least with treatment there's a chance at recovery and prevention.
There needs to be a balance between mandating treatments and freedom. Can we mandate testing, treatment, and restrictions in freedoms for infectious diseases in the name of protecting society? It seems like there's a lot of conflicting precedent on that (STIs, vs covid, vs flu, etc).
Also, if the state institutions shut down so long ago, is there any background information on the increase in the mentally ill in prison and on the street? Is there an overall increase in mental illness, or just a distribution issue? Or could it even be diagnostic sensitivity or scope creep of the definitions (likely what the ACLU and others are truly worried about, in addition to the Minority Report-esque pre-crime element)?
Granted, we probably the worse country in the world for that to happen, because most low-level mental healthcare workers are taught a lot of fraudulent and pseudoscientific theories like Young archetypes and other post-freud shenanigans, but it seems we are somehow better at taking care of our people than the country where most cutting-edge theories and treatments come from.
I'd like to see a plan for removing all the illegally owned guns from US cities. I rarely see anybody talk about how to get those off the streets. Those guns are already illegal and nobody is doing anything about it, nothing that is making a dent in the problem anyway. The murders and shootings continue just as they have for decades, accounting for the majority of US murders by gun. Half of the major US cities are war zones because of illegal hand guns, and it has nothing to do with the mentally ill and mass shootings.
And yes, we should still deal with the mental illness issue around gun access and ownership simultaneously.
Walking around SF, I (a regular looking guy) have been accosted multiple times. Its legitimately frightening, and would be so much worse if I was elderly or disabled or otherwise unable to defend myself.
Bailey:
>The underlying problem is that the ACLU and other progressive libertarians view the mentally ill as victims of society deserving of special rights, including the right to avoid the consequences of their behavior.
Noone is saying we should commit "neurodivergent" individuals with a minor Adderall addiction into mental asylums where they will be subjected to shock therapy... The article is about severely ill paranoid schizophrenics, who are ticking timebombs when off their meds.
Sorry, but this is not some "on the spectrum" hippy bullshit - these people are seriously ill and need to be treated, and kept in check to make sure they stick to their treatment.
You are suggesting that unmedicated people with schizophrenia are dangerous. That is mainly just wrong. The greatest danger that unmedicated schizophrenics pose is to themselves. And they are more likely to be murdered than to commit murder themselves.
The lawmakers and the public in American in general are not able to digest this correctly. There is no ethical dilemma here. One person who is/can harm another human being needs to be put in a place where they can't cause harm(This includes self-harm as well).