Obligatory Dangerousness Criterion

The obligatory dangerousness criterion is a principle present in the mental health law of many developed countries. It mandates evidence of dangerousness to oneself or to others before involuntary treatment for mental illness.[1] The term "dangerousness" refers to one's ability to hurt oneself or others physically or mentally within an imminent time frame,[2] and the harm caused must have a long-term effect on the person(s).[3]

Psychiatric hospitals and involuntary commitment have been around for hundreds and even thousands of years around the world, but the obligatory dangerousness criterion was created in the United States in the 1900s.[2][4] The criterion is a controversial topic, with opponents claiming that it is unethical and potentially harmful.[5][6] Supporters claim that the criterion is necessary to protect the mentally ill and those impacted by their involuntary treatment.[4]

  1. ^ Dressing, H; Salize, HJ (October 2004). "Compulsory admission of mentally ill patients in European Union Member States". Social Psychiatry and Psychiatric Epidemiology. 39 (10): 797–803. doi:10.1007/s00127-004-0814-9. PMID 15669660. S2CID 27770614.
  2. ^ a b Testa, Megan; West, Sara G. (2010-10-07). "Civil Commitment in the United States". Psychiatry (Edgmont). 7 (10): 30–40. ISSN 1550-5952. PMC 3392176. PMID 22778709.
  3. ^ Baker, Estella (1993). "Dangerousness, Rights and Criminal Justice". The Modern Law Review. 56 (4): 528–547. doi:10.1111/j.1468-2230.1993.tb01883.x. ISSN 1468-2230.
  4. ^ a b Substance Abuse and Mental Health Services Administration: Civil Commitment and the Mental Health Care Continuum: Historical Trends and Principles for Law and Practice. Rockville, MD: Office of the Chief Medical Officer: Substance Abuse and Mental Health Services Administration. 2019. pp. 1, 2, 3, 4, 9. https://www.samhsa.gov/sites/default/files/civil-commitment-continuum-of-care.pdf
  5. ^ Cite error: The named reference :5 was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference :3 was invoked but never defined (see the help page).