RIGHT TO TREATMENT - ISSUES AND PROSPECTS (FROM SOUTHERN CONFERENCE ON CORRECTIONS, ANNUAL, 20TH, 1975 BY VERNON FOX - SEE NCJ-30775)

• NCJ Number: 30782
• Author(s): B G Toomey; C E Simonsen; H E Allen
• Date Published: 1975
• Length: 27 pages
• Corporate Author: Florida State University
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A REVIEW OF THE LEGAL BASIS FOR THE RIGHT TO TREATMENT AS DEFINED BY THE COURTS, AND A DISCUSSION OF THE ISSUES RELEVANT TO THE IMPLEMENTATION OF THAT RIGHT.

Abstract

LEGAL ARGUMENTS SUPPORTING THE EXISTENCE OF A RIGHT TO TREATMENT HAVE BEEN STATUTORY AND CONSTITUTIONAL - DIE PROCESS, EQUAL PROTECTION, CRUEL AND UNUSUAL PUNISHMENT, AND INVOLUNTARY SERVITUDE. COURT DECISIONS RELATING TO THESE CLAIMS ARE CITED. THE PROBLEM OF DEFINING ADEQUATE TREATMENT IS DISCUSSED. ALSO CITED ARE COURT DECISIONS RELATING TO THE EVEN LESS CLEARLY DEFINED RIGHT TO REFUSE TREATMENT. THE REQUIREMENTS OF 'INFORMED CONSENT', ESPECIALLY IN DEALING WITH MENTALLY ILL OFFENDERS, ARE DISCUSSED. WHERE NO ADEQUATE TREATMENT IS AVAILABLE, THE JUSTIFICATION FOR CONFINEMENT MUST CENTER ON THE INDIVIDUAL'S DANGEROUSNESS. STRICT ENFORCEMENT OF THE RIGHT OT TREATMENT WOULD, IT IS SAID, RESULT IN SHARP INCREASES IN COSTS FOR CORRECTIONS.