论精神障碍者非自愿治疗的要件——以O'Connor v.Donaldson为例

On the Essential Elements of Involuntary Treatment for the Mentally Disordered——Take O'Connor v.Donaldson for Example

在"奥康纳案"中,美国联邦最高法院将"精神疾病"和"危险性"作为非自愿拘禁精神障碍患者的要件,从而将非自愿拘禁的对象仅限于患有精神疾病且对本人或他人具有危险性的精神障碍患者。"奥康纳案"极大地促成了美国各州非自愿拘禁标准的统一,尤其是使"危险性"标准成为非自愿拘禁的普遍标准。此后在美国各州的立法和判例中,有关非自愿治疗的各要件也获得进一步的界定。

In O＇Connor v. Donaldson case, the Supreme Court of the United States ruledmental illnessanddangerousness as the essential elements of involuntary detention of people with mental disorders. Accordingly involuntary commitment was only appropriate for patients who were both mentally ill and dangerous to themselves or others. Following this decision, states amended or re-drafted their statutes to bring them into accordance with O＇Connor＇ mental illness plus dangerousness standard, dangerousness standard became a common standard of involuntarily treatment. In the following legislation and judicial decisions of the states, the essential elements of involuntary treatment also get further defined.