In which jurisdiction is the period for an emergency hold 14 days?
It is not three days in jail, it is three days in a psychiatric facility.
The alternative is that there is no method by which people who are threatening to hurt themselves or hurt other people can be detained and evaluated unless they themselves are willing to voluntarily be admitted for evaluation. It is not ideal, but if you ask the loved ones coping with an individual’s mental illness, they would not prefer the alternative.
Again, psychiatrists aren’t patrolling the streets capturing prey. People come to them of their own accord or at the behest of others due to concerns about their functioning.
One thing everybody needs to realize is that drug–excuse me, pharmaceutical–companies are in business to make money. How do they make it? BY GETTING DOCTORS TO OVER DIAGNOSIS MENTAL ILLNESS AND OVERPRESCRIBE DRUGS! The companies do not give a rat’s ass about whether the drugs–excuse me, medications–are needed or taken, as long as they make money off of them.
If they could get everyone in the universe on drugs–excuse me, psychotropic medications–they jolly well would.
ETA:
Happened to me, and the shrink insisted I had to take Celexa. What fucking good does taking an anti-depressant for three fucking days do?
When you arrested by the police for a crime your seen by a judge within 24 hours or less and can then get bail and most misdemeanors arrests are only kept a couple hours before they get bail.
Probably already addressed, but as the OP keeps using Thomas Szasz and The Myth of Mental Illness: Foundations of a Theory of Personal Conduct to ‘prove’ his case, I figured I’d like to this:
Actually, my SO is a psychiatric social worker at a large hospital, and she tells me that they don’t admit patients through (say) the ER. Rather, one of the psychiatrists comes in each morning dragging a bag which holds a kicking and screaming new “patient”. They don’t seem crazy at first … but after a few days of compulsory ECT and a round of old-school antipsychotics, they start to show their true colors.
"[A]ny person alleged to have a mental illness for which immediate observation, care, and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others. “Likelihood to result in serious harm” as used in this article shall mean:
substantial risk of physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that he is dangerous to himself, or
a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm."
Doctors don’t just go overdiagnosing things to make drug companies happy. They don’t get financial reward from it either. And except perhaps in extreme situations, patients aren’t forced to take the doctor’s advice or the meds.
What part of the Constitution do you think it violates? The procedures clearly constitute due process of law.
Furthermore, let’s assume for the sake of discussion that you are correct, and only schizophrenia is a “real” mental illness. What, then, to do with dangerous schizophreniacs who refuse treatment?
The part where they can lock up someone for 60 days just because a man in a white coat checks the right boxes regardless if he is being honest or objective.
My copy of the Constitution must be missing that section. All it says is that no person shall be deprived of life, liberty, or property without due process of law. Which is not violated by the New York statute, as it provides for (multiple) court hearings, not the opinion of one man in a white coat.
And in New York, one man in a coat can only commit someone for 15 days, all the non-emergency (60-day) methods require multiple people.
It is depriving them of liberty, it is a violation of habeas corpus, it is a violation of the freedom this country stand for. Locking someone up for 60 days before they can see a judge should not be legal clearly and is not in most other States which is 72 hours. The same standards of proof and legal safeguards that are applied to arrests should be applied to psych wards since your depriving someone of their liberty. I think you invented the part about “multiple court hearings” since it makes no mention of that. All it takes is 2 doctors to examine them to commit them for 60 days with no judge approval.
We deprive people of liberty all the time. But we do so with due process and reasonable review. It’s constitutional, and makes a lot of sense.
You could potentially argue the case that the process as it stands today should be modified in some way and people would consider your points, but I don’t see you making any coherent case of that nature.