Mental Health - L.B. 213 in Re Blythman: Nebraska's Civil Commitment Law
Loading...
Authors
Jandrain, James G.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In recent years there has been a growing concern over procedural safeguards attendant to involuntary confinement of people either acquitted because of insanity in a criminal trial or otherwise committed to a mental institution. Despite this concern over involuntary confinement, In Re Blythman was the only involuntary civil commitment case to reach the Nebraska Supreme Court during the survey period. The case provides helpful insights into future Nebraska involuntary civil commitment proceedings. In addition, Nebraska's new involuntary commitment law, L.B. 213 will have a crucial impact on the involuntary civil commitment of those acquitted by reason of insanity. L.B. 213, while not applicable to Blythman, has provisions similar to those of the statutes which controlled Blythman's commitment. The court's statutory interpretation in Blythman provides a basis upon which predictions can be made for the interpretation of L.B. 213. This article will analyze the holding in Blythman and will discuss the provisions of L.B. 213 in light of that holding...
Description
Citation
15 Creighton L. Rev. 343 (1981-1982)
Publisher
Creighton University School of Law