03/04/2023
🧠Second Body of the Law Corpus Juris Secundum (CJS; Latin for 'Second Body of the Law') is an encyclopedia of United States law at the federal and state levels. It is arranged alphabetically, into over 430 topics, which in turn are arranged into subheadings.
🧠~Corpus juris secundum 56:
53 detention and confinement pending proceedings have to be a danger to self or others; strange behavior does not suffice for arrest; or it's a deprivation of liberty without due process
54 a person may not be involuntarily committed to an institution for the mental illness unless mentally ill and dangerous
56 person may not be involuntary committed unless their potential for doing harm is great enough to justify a curtailed of liberty
58 mentally ill may be involuntarily committed if mental illness manifest in neglect refuses inability to care for themselves or to provide for their basic needs
72 rules of evidence apply
75 standard of proof clear and convincing beyond preponderance of evidence less than beyond a reasonable doubt
76 sufficient evidence presents dangers to themselves or others not testimony alone
77 hearing prerequisite before being committed to mental hospital
79 determination made by judge or jury for commitment to mental institutions evidence of dangerous
81 findings of facts judge required to make
90 harmless error involuntary commitment proceedings including improper admissions OE exclusion of evidence exclusion from proceedings due to outside conduct invalid and improper instructions are prejudicial errors
95 persons involuntarily committed for mental illness no longer need treatment ordinarily has right to be released
104 right to freedom from bodily restraints
107 mail can not be refused to be sent out
108 can't forced non therapeutic labor
109 right to refuse medication/drugs
110 only can force treatment if the person is dangerous
111 can not force medicine to control behavior only if pose a threat of danger to self and others
115 hearing prerequisite for forced medication
116 forced medication evidence of danger to self or others
118 mental patients can sue institutions facilities operator medical personnel for malpractice or negligence
119 persons in mental institutions constitutional right protection from harm; = defense argument to get out of a mental health institution and reason to sue those mental health institutions when forced in a mental health institution~
constitution amendment bill of right(s) and amendments:
In Congress, July 4, 1776; The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
Amendment I ~ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment IV ~ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V ~ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
AMENDMENT VI ~ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VIII ~ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
AMENDMENT XIII ~ Passed by Congress January 31, 1865. Ratified December 6, 1865. Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XIV ~ Passed by Congress June 13, 1866. Ratified July 9, 1868. Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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