• Corpus ID: 24307162

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

  title={Civil Commitment Without Psychosis: The Law's Reliance on the Weakest Links in Psychodiagnosis},
  author={Thomas K. Zander},
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
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
Mental Disorder, Predisposition, Prediction, and Ability to Control: Evaluating Sex Offenders for Civil Commitment
  • R. Elwood
  • Law
    Sexual abuse : a journal of research and treatment
  • 2009
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.
Rape and Paraphilic Coercive Disorder
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
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.
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.
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


Expert testimony in sexually violent predator commitments: conceptualizing legal standards of "mental disorder" and "likely to reoffend".
The debate in terms of whether Antisocial Personality Disorder is a qualifying diagnosed mental disorder for classification as a sexually violent predator and how a likely threshold of risk of sexual recidivism can be conceptualized is explored.
An experimental analysis of the civil commitment recommendations of psychologists and psychiatrists
It was concluded that mental health professionals may utilize a variety of types of information, beyond the relevant legal criteria, in making actual decisions to initiate civil commitments.
DSM-III-R: the conflict over new psychiatric diagnoses.
Findings from a national survey of social workers' attitudes about DSM indicated that the majority of respondents did not support adoption of the proposed diagnoses, although many were undecided.
Diagnostic validity of antisocial personality disorder
Competing models of antisocial personality disorder have important consequences for mentally disordered offenders and their management in the criminal justice system. In order to provide a fresh
A population at risk: civil commitment of substance abusers after Kansas v. Hendricks.
This Comment explores the possibilities for expansion of civil commitment in the wake of Hendricks and argues that the holding was unjustifiably broad, focusing in particular on the potential danger facing substance abusers.
DSM-IV antisocial personality disorder field trial.
The field trial provided mixed support for the proposal to include more traditional traits of psychopathy and indicated that some items from the 3rd revised Diagnostic and Statistical Manual of Mental Disorders could be deleted without affecting the diagnosis.
The little woman meets son of DSM-III.
  • K. Ritchie
  • Psychology
    The Journal of medicine and philosophy
  • 1989
Conceptual problems in psychiatry are discussed, illustrated by a debate over inclusion of a new disorder, masochistic personality disorder, in DSM-III-R, the manual of psychiatric diagnoses.
Reliability of Sexually Violent Predator Civil Commitment Criteria in Florida
The reliability of Sexually Violent Predator civil commitment criteria under Florida's Jimmy Ryce Act was investigated and 8 DSM-IV diagnoses applied by evaluators to determine whether a client has a “mental abnormality that predisposes him to sexual violence” was found to be poor.
Sexually Violent Predator Evaluations: Empirical Evidence, Strategies for Professionals, and Research Directions
Empirical evidence is presented for the main tenants of these forensic evaluations of sexually violent predator evaluations, recommendations for evaluators in light of current limitations of evidence are provided, and suggestions for future research in this area of forensic assessment are offered.
DSM-IV-TR and the Paraphilias
Abstract The DSM-IV-TR (2000) sets its own standards for inclusion of diagnoses and for changes in its text. The Paraphilia section is analyzed from the perspective of how well the DSM meets those