Essay on Discuss the Stowers V. Wolodzko Case Questions

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Week 2 DQ 1
Discuss the Stowers v. Wolodzko case questions.

. The husband of the plaintiff file a petition to the court that his wife[plaintiff] is mentally ill and needs to have a court order directing the admission of her to the mental health hospital. The petition initiated by plaintiff’s husband is the order of the Wayne County probate court, and it is also appropriately certified by Doctors Wolodzko, who after appearing in her house and introducing himself as a doctor , and have a conversation with her in person that day and another day in telephone, determine that she is suffering from paranoid schizophrenia and Smyk. The court gave the order and the Plaintiff was taken by ambulance from her home to a private psychiatric
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In these commitment proceedings there follow emergency hospitalization for the mentally ill person to stay in the hospital or psychiatric facilities for a short period of time [72hours] to stabilize the person. In this hearing even the idea of habeas courps, which means unlawful detention, may be raised The aim of it is to prevent danger from the individual and the community. Individuals with mental illness may impair their judgment and fair thinking and become danger to themselves and others. US states include this idea in their laws with different requirements. However in the case of Addington .v Texas the US supreme court decide that “the issue of an individual's interest in liberty is of such weight and gravity that a higher standard of proof is required than is normal in civil cases brought under state law. Because of the uncertainties of psychiatric diagnosis, the burden of proof does not need to be as high as "beyond a reasonable doubt" in criminal cases, but should be a "clear and convincing " standard of proof as required by the Fourteenth Amendment in such a civil proceeding to commit an individual involuntarily for an indefinite period to a state psychiatric hospital.” So according to this decision the evidence of this case that is used to determine the plaintiff was mentally ill would not be sufficient in this time to have her in involuntary commitment. The evidence has to prove that she is a really threat to herself and others and this

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