• Corpus ID: 24307162

Civil Commitment Without Psychosis: The Law's Reliance on the Weakest Links in Psychodiagnosis

@inproceedings{Zander2005CivilCW,
  title={Civil Commitment Without Psychosis: The Law's Reliance on the Weakest Links in Psychodiagnosis},
  author={Thomas K. Zander},
  year={2005}
}
Civil commitment of mentally disordered persons in the United States was generally limited to persons who were clinically and judicially determined to have psychotic disorders, until 2 U.S. Supreme Court decisions in 1997 and 2002 sanctioned the commitment of nonpsychotic sex offenders who had completed their prison sentences. Such commitments are based on diagnoses of paraphilias and personality disorders – often using the miscellaneous “not otherwise specified” designations for these… 
Commentary: inventing diagnosis for civil commitment of rapists.
  • Thomas K. Zander
  • Psychology
    The journal of the American Academy of Psychiatry and the Law
  • 2008
TLDR
Some forensic evaluators of rapists base findings supporting such commitment on the diagnosis of paraphilia not otherwise specified, using this miscellaneous category as a substitute for a proposed diagnosis that was rejected for inclusion in the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1986.
Paraphilias and Predators: The Ethical Application of Psychiatric Diagnoses in Partisan Sexually Violent Predator Civil Commitment Proceedings
The U.S. Supreme Court upheld the civil commitment of sex offenders with paraphilia disorders in Kansas v. Hendricks and Kansas v. Crane. These proceedings have essentially created a cottage industry
Use of DSM paraphilia diagnoses in sexually violent predator commitment cases.
There is legitimate concern in the psychiatric community about the constitutionality of sexually violent predator (SVP) commitment statutes. Such constitutionality depends on the requirement that a
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  • Law
    Sexual abuse : a journal of research and treatment
  • 2009
TLDR
This article proposes interpretations that address both the major criticisms of civil commitment and the challenges in SVP assessment, and reviews those constructs from clinical, epidemiologic, and legal perspectives.
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The history and controversy over a rape paraphilia diagnosis is reviewed, including its proposed inclusion in several editions of the DSM as Paraphilic Coercive Disorder (PCD). In the 1980s,
Hebephilia is not a mental disorder in DSM-IV-TR and should not become one in DSM-5.
  • A. Frances, M. First
  • Psychology
    The journal of the American Academy of Psychiatry and the Law
  • 2011
TLDR
What the DSM-IV-TR was meant to convey and how it has been twisted in translation within the legal system are clarified and theDSM-5 proposal to include pedohebephilia is warned to make the current bad situation very much worse in the future.
The Diagnostic Issue of Antisocial Personality Disorder in Civil Commitment Proceedings: A Response to DeClue
The use of Antisocial Personality Disorder (ASPD) absent any paraphilia to recommend civil commitment as a sexually violent predator is diagnostically a flawed conclusion. Without the co-morbid
Defining mental disorder when it really counts: DSM-IV-TR and SVP/SDP statutes.
TLDR
It is argued that the ramifications of the SVP process, in representing both the balancing of public safety and the protection of an individual's right to liberty, demand that decisions about what is a legally defined mental disorder not be made in an arbitrary and idiosyncratic manner.
The imperfect fit: Fetal alcohol spectrum disorder as the basis to commit individuals involuntarily as sexually violent predators/persons.
TLDR
This article provides a framework for identifying, assessing, and deciding whether individuals with the FASD diagnosis suffer from the legally defined mental disorder that is necessary to indefinitely confine individuals as SVP.
The function of punishment in the "civil" commitment of sexually violent predators.
Two experiments find that support for civil commitment procedures for sexually violent predators is based primarily upon the retributive rather than incapacitative goals of respondents. Two discrete
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