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By David B. Wexler
THE center OF psychological future health legislation A musty dossier in Arizona's Greenlee County Courthouse unearths that on January 22, 1912, presently earlier than Arizona turned a nation, a 19-year-old Mexican-American lady dwelling in Morenci used to be taken into custody and put within the county prison by way of a deputy sheriff who, that very same day, filed with the Greenlee County Probate courtroom the subsequent dedicate ment petition: Have recognized lady approximately 12 months. final summer-July or Aug. 19- started to behave irrational. Has been lower than therapy of physicians earlier four months. They referred to as me this A.M. and advised me they have been not able to regard her successfully-that she is loopy and that i needs to arrest her. The proposed sufferer used to be it sounds as if tested day after today via physicians, who duly accomplished the necessary scientific questionnaire. as well as declaring that the patient's actual overall healthiness used to be reliable, that she used to be "cleanly" in her own behavior, that she didn't use liquor, tobacco, or medicines, and that neither she nor any of her kinfolk had ever been mentally in poor health or hospitalized long ago, the medical professionals indexed the stick with ing info on these parts of the shape dedicated to psychological sickness and dangerousness: Dangerousness: No threats or makes an attempt to devote suicide or homicide. Is of a truly satisfied temperament. tends to snort and sing. proof indicating madness: She desired to dance. such a lot of dialog was once rather rational.
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104 Finally, respect for liberty demands adherence to the principle of "less drastic means"-that commitment and deprivation of liberty not be resorted to if other, less restrictive, treatment alternatives are available, reasonably effective, and more to the liking of the subject. 105 These and other values, then, will serve as guidelines for curbing therapeutic jurisdiction. Apart from the limitations suggested above, the therapeutic model will also need to be restricted by procedural safeguards given to deviants and by substantive standards defining the appropriate scope of therapeutic involvement.
The point, 30 CIVIL COMMITMENT: IN THEORY obviously, is that the problems of an illimitable therapeutic state arise only under a model where the curative goal is elevated above all others. Matters fall better into place, and establishing limits becomes somewhat less difficult, when it is recognized that there are a multitude of values other than the prevention and cure of deviant conduct that deserve expression, even in a social and legal scheme relating to the control of deviance. Actually-and this point is not made often enough in the context of how far we should go to eliminate deviance-some deviance actually promotes social organization or serves other positive functions.
It should be noted, however, that this approach permits us to reach addicts under the parens patriae power only after they have already become addicts, and hence when they are most difficult to treat successfully. Prior to their becoming actual addicts, even repeated abusers would be difficult to reach under the traditional paternalistic model because they have not yet lost control over their drug taking and hence seem perfectly competent to decide their own fate. The traditional position has been expressed as follows: Addiction itself, then, is not grounds for benevolent commitment.