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UK Edition. US Edition. Log in using your social network account. Please enter a valid password. Keep me logged in. If it can be controlled, then a defense of insanity will not lie.
If it cannot be controlled, then the moral choice fundamental to a finding of culpability is absent. The abolition of the insanity defense rests, therefore, upon the premise that all mentally ill people always have a moral choice regarding their behavior. If all mentally ill people always have a moral choice regarding their behavior, why is there any need, ever, for involuntary hospitalization?
Psychiatrists cannot have it both ways. They traipse into court for civil commitment proceedings throughout the metropolitan region, and believe it or not, here is what they say:.
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But 4 let us lock this patient up because for some strange reason he seems resistant to our tender ministrations. If psychiatrists can really help people who retain the capacity for moral choice, why do they not universally offer such help on a voluntary basis? Would such help, on a voluntary basis, serve to avert the unwanted conduct that tends to violate the rights of others? To address these questions is to understand just how much the views of Dr. Marcus are impelled by a sense of frustration at the inability of his own profession to demonstrate that it can accomplish the purposes for which it seeks to intervene forcibly in the lives of others, and consequently, why his profession so seldom agrees with itself about anything.