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Involuntary Commitment as “Carceral-Health Service”: From Healthcare-to-Prison Pipeline to a Public Health Abolition Praxis

Published online by Cambridge University Press:  04 March 2022

Rafik Wahbi  and
Leo Beletsky
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Abstract

Involuntary commitment links the healthcare, public health, and legislative systems to act as a “carceral health-service.” While masquerading as more humane and medicalized, such coercive modalities nevertheless further reinforce the systems, structures, practices, and policies of structural oppression and white supremacy. We argue that due to involuntary commitment’s inextricable connection to the carceral system, and a longer history of violent social control, this legal framework cannot and must not be held out as a viable alternative to the criminal legal system responses to behavioral and mental health challenges. Instead, this article proposes true alternatives to incarceration that are centered on liberation that seeks to shrink the carceral system’s grasp on individuals’ and communities’ lives. In this, we draw inspiration from street-level praxis and action theory emanating from grassroots organizations and community organizers across the country under a Public Health Abolition framework.

Keywords

AbolitionPublic Health LawMental Health TreatmentDrug PolicyHealth Services Research
Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 50 , Issue 1: Health Law and Anti-Racism: Reckoning and Response , Spring 2022 , pp. 23 - 30
Copyright
© 2022 The Author(s)

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References

Ryan, J., Attorney, “US Supreme Court United States Court of Appeals for the 4th Circuit Decides Limitations on TASER Use. LLRMI - Training and Expert Services for Law Enforcement, Jails & Corrections, Insurance Pools, Risk Managers, and Attorneys,” October 27, 2016, available at <https://www.llrmi.com/articles/legal_update/2016_armstrong_v_village_of_pinehurst/> (last visited December 10, 2021).+(last+visited+December+10,+2021).>Google Scholar
Id. Google Scholar
Testa, M. and West, S.G., “Civil Commitment in the United States,” Psychiatry Edgmont 7, no. 10 (2010): 30–40; P.P. Christopher, B. Anderson, and M.D. Stein, “Civil Commitment Experiences among Opioid Users,” Drug Alcohol Dependence 193 (2018): 137-141; P.P. Christopher, D.A. Pinals, T. Stayton, K. Sanders, and L. Blumberg, “Nature and Utilization of Civil Commitment for Substance Abuse in the United States,” Journal of the American Academy of Psychiatry and the Law 43, no. 3 (2015): 8.Google ScholarPubMed
The Public Surveillance Program, “Long-Term Involuntary Commitment Laws,” available at <https://lawatlas.org/datasets/long-term-involuntary-commitment-laws> (last visited December 10, 2021).+(last+visited+December+10,+2021).>Google Scholar
Thomas, M.D., Jewell, N.P., and Allen, A.M., “Black and Unarmed: Statistical Interaction between Age, Perceived Mental Illness, and Geographic Region among Males Fatally Shot by Police Using Case-Only Design,” Annals of Epidemiology 53 (2021): 42–49, at e3.CrossRefGoogle ScholarPubMed
Beletsky, L. and Tomasini-Joshi, D., “Opinion: ‘Treatment Facilities’ Aren’t What You Think They Are,” New York Times, September 3, 2019, available at <https://www.nytimes.com/2019/09/03/opinion/opioid-jails-treatment-facilities.html> (last visited December 16, 2021).+(last+visited+December+16,+2021).>Google Scholar
Lindsey, K.P. and Paul, G.L., “Involuntary Commitments to Public Mental Institutions: Issues Involving the Overrepresentation of Blacks and Assessment of Relevant Functioning,” Psychology Bulletin 106, no. 2 (1989): 171–183; L. Hallam, “How Involuntary Commitment Impacts on the Burden of Care of the Family,” International Journal of Mental Health Nursing 16, no. 4 (2007): 247-256; J. Swanson, M. Swartz, R.A. Van Dorn et al., “Racial Disparities in Involuntary Outpatient Commitment: Are They Real?” Health Affairs (Millwood) 28, no. 3 (2009): 816-826; O. Bennewith, T. Amos, G. Lewis G et al., “Ethnicity and Coercion among Involuntarily Detained Psychiatric In-Patients,” British Journal of Psychiatry 196, no. 1 (2010): 75-76; M.L. Perlin, “Who Will Judge the Many When the Game Is Through: Considering the Profound Differences between Mental Health Courts and Traditional Involuntary Civil Commitment Courts,” Seattle University Law Review 41, no. 3 (2017): 937-964; M.S. Swartz, S. Bhattacharya, A.G. Robertson, and J.W. Swanson, “Involuntary Outpatient Commitment and the Elusive Pursuit of Violence Prevention,” Canadian Journal of Psychiatry 62, no. 2 (2017): 102-108; J. Cantarero, “The Ethics of Civil Commitment,” Journal of Health Biomedical Law 16, no. 2 (2019): 105-126; H. Carlos and C. Pontiff, “Trick or Treatment? Confronting the Horrific Intersection of Race, Mental Health, Poverty, and Incarceration in Louisiana,” SSRN Electron Journal (2019), available at <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3383838> (last visited December 15, 2021); S.M. Caspar and A.M. Joukov, “Worse Than Punishment: How the Involuntary Commitment of Persons with Mental Illness Violates the United States Constitution,” Hastings Constitutional Law Quarterly 47, no. 4 (2019): 499-532; M.S. Sinha, J.C. Messinger, and L. Beletsky, “Neither Ethical nor Effective: The False Promise of Involuntary Commitment to Address the Overdose Crisis,” Journal of Law, Medicine & Ethics 48, no. 4 (2020): 741-743; P.P. Christopher, P.S. Appelbaum, and M.D. Stein, “Criminalization of Opioid Civil Commitment,” JAMA Psychiatry 77, no. 2 (2020): 111-112; A. Feeney, E. Umama-Agada, A. Curley, M. Asghar, and B.D. Kelly, “Police Involvement in Involuntary Psychiatry Admission: A Report from the Dublin Involuntary Admission Study,” Psychiatric Services 71, no. 12 (2020): 1292-1295; M.S. Swartz, “The Urgency of Racial Justice and Reducing Law Enforcement Involvement in Involuntary Civil Commitment,” Psychiatric Services 71, no. 12 (2020): 1211-1211; G. Lee and D. Cohen, “Incidences of Involuntary Psychiatric Detentions in 25 U.S. States,” Psychiatric Services 72, no. 1 (2021): 61-68.CrossRefGoogle ScholarPubMed
Id. (Caspar and Joukov).Google Scholar
Lee and Cohen, supra note 7.Google Scholar
Richie, B.E. and Martensen, K.M., “Resisting Carcerality, Embracing Abolition: Implications for Feminist Social Work Practice,” Affilia 35, no. 1 (2020): 12–16.CrossRefGoogle Scholar
Song, J.S., “Policing the Emergency Room,” Harvard Law Review 134 (2021): 2646, available at <https://harvardlawreview.org/2021/06/policing-the-emergency-room/> (last visited December 16, 2021).Google Scholar
Hansen, H., “Assisted Technologies of Social Reproduction: Pharmaceutical Prosthesis for Gender, Race, and Class in the White Opioid ‘Crisis,’” Contemporary Drug Problems 44, no. 4 (2017): 321–338.CrossRefGoogle Scholar
Chief Executive Office: Los Angeles County, “The L.A. County Alternatives to Incarceration Initiative,” October 5, 2020, available at <https://ceo.lacounty.gov/ati/> (last visited December 16, 2021).+(last+visited+December+16,+2021).>Google Scholar
Yosso, T.J., “Whose Culture Has Capital? A Critical Race Theory Discussion of Community Cultural Wealth,” Race Ethnicity and Education 8, no. 1 (2005): 69–91.CrossRefGoogle Scholar
Harris, C.I., “Whiteness as Property,” Harvvard Law Review 106, no. 8 (1993): 1707–1791.Google Scholar
Gilmore, R.W., Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California, 1st ed. (Oakland: University of California Press: 2007).Google Scholar
Crenshaw, K., Gotanda, N., Peller, G., Thomas, K., “Critical Race Theory: The Key Writings That Formed the Movement,” Columbia Law School: Scholarship Archive, 1995, available at <https://scholarship.law.columbia.edu/books/101> (last visited December 26, 2021).Google Scholar
Rodríguez-Muñiz, M., “Racial Arithmetic: Ethnoracial Politics in a Relational Key,” in Molina, N., ed., Relational Formations of Race (Oakland: University of California Press, 2019): at 278–295.Google Scholar
Ware, S., Ruzsa, J., and Dias, G., “It Can’t Be Fixed Because It’s Not Broken: Racism and Disability in the Prison Industrial Complex,” in Ben-Moshe, L., Chapman, C., Carey, A.C., eds., Disability Incarcerated: Imprisonment and Disability in the United States and Canada (New York: Palgrave Macmillan, 2014): at 163–184.Google Scholar
Foucault, M., Discipline and Punish (New York: Vintage Books, 1975).Google Scholar
Ben-Moshe, L., “Disabling Incarceration: Connecting Disability to Divergent Confinements in the USA,” Critical Sociology 39, no. 3 (2013): 385–403.CrossRefGoogle Scholar
Chapman, C., Carey, A.C., and Ben-Moshe, L., “Reconsidering Confinement: Interlocking Locations and Logics of Incarceration,” in Ben-Moshe, L., Chapman, C., Carey, A.C., eds., Disability Incarcerated: Imprisonment and Disability in the United States and Canada. (New York: Palgrave Macmillan, 2014): at 3–24.Google Scholar
Foucault, supra note 20.Google Scholar
Critical Resistance: Beyond the Prison Industrial Complex 1998 Conference — Critical Resistance, September 1998, University of California, available at <http://criticalresistance.org/critical-resistance-beyond-the-prison-industrial-complex-1998-conference/> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
Richie and Martensen, supra note 10.Google Scholar
Id. Google Scholar
Id. Google Scholar
D. Berger, The Struggle Within: Prisons, Political Prisoners, and Mass Movements in the United States (PM Press: 2014), available at <https://www.pmpress.org/index.php?l=product_detail&p=632> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
See supra note 24.Google Scholar
Id. Google Scholar
Roberts, D.E., “The Supreme Court 2018 Term,” Harvard Law Review 133 (2019): 122; D. Rodríguez, “Abolition as Praxis of Human Being: A Foreword,” Harvard Law Review 132 (2019): 38; C. Nast, “The Emerging Movement for Police and Prison Abolition,” The New Yorker, May 21, 2021, available at <https://www.newyorker.com/news/our-columnists/the-emerging-movement-for-police-and-prison-abolition> (last visited December 26, 2021).Google Scholar
Kaba, M., We Do This ’Til We Free Us: Abolitionist Organizing and Transforming Justice, 2021, available at <https://bookshop.org/books/we-do-this-til-we-free-us-abolitionist-organizing-and-transforming-justice-9781642595253/9781642595253> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
“A National Abolitionist Victory for Public Health!” Critical Resistance, available at <http://criticalresistance.org/apha/> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
End Police Violence Collective, available at <https://www.endingpoliceviolence.com> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
Deivanayagam, T.A., Lasoye, S., Smith, J., and Selvarajah, S., “Policing Is a Threat to Public Health and Human Rights,” BMJ Global Health 6, no. 2 (2021): e004582.Google ScholarPubMed
Id. Google Scholar
JusticeLA, “Fighting the L.A. County Jail Expansion,” January 30, 2021, available at <https://justicelanow.org/> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
Los Angeles County, “Measure J Background,” November 17, 2020, available at <https://ceo.lacounty.gov/measure-j-background/> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
Re-Imagine L.A. County, available at <https://reimagine.la/> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar
See supra note 13.Google Scholar
Craver, R., “Mental Health Advocates Say North Carolina Is Headed toward Crisis. They’re Asking Lawmakers for Help,” Winston-Salem Journal, June 21, 2021, available at <https://journalnow.com/news/local/mental-health-advocates-say-north-carolina-is-headed-toward-crisis-they-re-asking-lawmakers-for/article_ec710aa6-d2cc-11eb-8033-03936e2cbdab.html> (last visited December 26, 2021).+(last+visited+December+26,+2021).>Google Scholar