You are correct in identifying me as pre-med Dr. While I know there is no such thing as black/white answers coming to medicine, especially psych, what I was getting at is those unfit to stand trial per a psychiatrist counter act the purpose of corrections and in a way the judicial system. Are you referring to a 51/50? If so, last I checked those were only good for 72hrs pending what symptoms present itself which I really don't see how that gives the psychiatrist enough time to be in a good position to develop a Treatment Plan let alone identify symptoms that deem one unfit. What about those who are great actors and know how to dodge prison? If you do not mind me asking and I am in no way questioning your judgment, how would this treatment be considered Assault? If someone is to the point ECTs are being discussed, the person clearly is not thinking straight therefore have no idea/comprehend the actions that landed them in court to begin with. Are there even differentials Dx someone as psychotic? Lastly, the purpose of the DOC is to rehabilitate. If one is psychotic, and treatment options start failing, how is it possible the rehab concept be carried out?
Evaluation for capacity to stand trial is a FORENSIC evaluation, following an arrest and is ordered by the court.
A 5150 is the california code for a 72 hour hold for involuntary hospitalization based on the criteria of danger to self, danger to others or inability to maintain food/shelter/or clothing due to a mental illness.
A 5150 does not require court approval. A 5250 (14 day hold) following the 5150, has to have a hearing involving a hearing officer.
A court ordered forensic evaluation , nor a 5150, nor a 5250, allows for treatment over objection. Medication over objection requires a separate hearing (in CA called a REISE) with a hearing officer, which has a higher burden of proof to get passed. Any other treatment over objection (such as ECT or surgery) requires petitioning the court for permission for that particular procedure, with the exception of an emergency (imminent risk of death that could be averted by intervention). Few physicians would intervene though in even an emergency without contacting their hospital's risk management.
"Not thinking straight" is not a medical or legal concept, and thus has no bearing on hospitalization or treatment over objection. Severe depression or even psychosis doesn't necessarily impact AT ALL someone's
capacity (ability to understand and weigh risks/benefits/alternatives of a specific choice) or someone's
competency.
There are many many legal protections that protect patients from having their rights violated, by a physician or by the state. These procedures (hearings, etc) involve step by involvement of the judicial system and increasing burdens of proof for each aspect of someone's rights that are taken away.
If you stab someone with a knife without their permission, that's assault. If you draw blood from someone without their permission, that's assault. An individual has civil rights until the courts state they don't. Loose concepts like "not thinking straight" doesn't obviate that process, nor does mere presence of a mental illness, even in the case of psychosis. That psychosis has to be PROVEN to impact the individual's judgment in a way that the court deems is significant enough to remove their rights to make certain future decisions.
Whopper, wanna weigh in?