Abstract
A lesser-known area of law in Idaho concerns the involuntary civil commitment process, a process by which thousands of people per year are committed to hospitals around the state. These laws, specifically in Idaho, govern the criteria which must be met for a person to be placed on an involuntary hold, detained in a hospital setting awaiting proceedings, or potentially committed.
Understanding the evolution of mental illness and the role of involuntary commitment – including successes, failures, and challenges – is essential to navigating reform. This Comment provides a brief history of mental illness, including key cultural events and cases that changed the landscape of involuntary commitment, and examines how the involuntary commitment process occurs in Idaho. It will also discuss the legislative history and most recent amendments to the process in Idaho, and explore whether Idaho is sufficiently protecting the rights of its involuntary patients. Finally, this Comment will briefly consider California’s involuntary commitment process, including recent legislative changes, and conclude with a normative argument on the state of Idaho’s current laws in comparison.
Recommended Citation
Jessica Cambron,
From Stigma to Statute: A Historical and Legal Comparative Analysis of Involuntary Commitment Laws in Idaho,
62
Idaho L. Rev.
107
().
Available at:
https://digitalcommons.law.uidaho.edu/idaho-law-review/vol62/iss1/4
First Page
107
Last Page
126