About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 Ariz. L. Rev. 1049 (1979)
Justifying Invigorated Scrutiny and the Least Restrictive Alternative As a Superior Form of Intermediate Review: Civil Commitment and the Right to Treatment As a Case Study

handle is hein.journals/arz21 and id is 1057 raw text is: JUSTIFYING INVIGORATED SCRUTINY AND THE LEAST RESTRICTIVE ALTERNATIVE AS A SUPERIOR FORM OF INTERMEDIATE REVIEW: CIVIL COMMITMENT AND THE RIGHT TO TREATMENT AS A CASE STUDY Roy G. Spece, Jr.* I. INTRODUCTION My previous article in the Arizona Law Review' sought to strengthen the constitutional right to treatment for involuntarily com- mitted persons (patients or committees). It demonstrated the theo- retical and practical weaknesses of five right-to-treatment arguments that can be derived from important mental health law cases,' and then developed a sixth argument-the least restrictive alternative right to treatment theory-that might well be the sole firm constitutional foun- dation for a comprehensive right to treatment.3 The latter theory was formulated as follows: As a derivative of the least restrictive alterna- tive principle, and only under that standard of review or the more strin- gent compelling state interest test, virtually all patients are entitled to superior, individual treatment, irrespective of the purpose of their com- mitment, unless the state can meet the heavy burden of demonstrating either that treatment would neither hasten release nor enhance freedom * Professor, University of Arizona College of Law. B.A., 1972, California State University, Long Beach; J.D. 1972, University of Southern California Law Center. Member Arizona and California State Bars. The author wishes to thank his colleagues William E. Boyd of the Law Faculty, and Jeffrie G. Murphy of the Department of Philosophy, and Margaret Jane Radin and Michael H. Shapiro of the University of Southern California Law Center for reviewing an earlier draft of this piece. I. Spece, Preserving the Right to Treatment: A CriticalAssessment and Constructive Develop- ment of Constitutional Right to Treatment Theories, 20 ARIz. L. REv. 1 (1978). 2. Id. at 4-33. 3. Id. at 33-46.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most