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484 Annals Am. Acad. Pol. & Soc. Sci. 9 (1986)

handle is hein.cow/anamacp0484 and id is 1 raw text is: PREFACE This issue of The Annals brings together a number of articles pertaining to various interactions between the legal and mental health systems. As the topic is very broad and covers an immense range of interesting as well as controversial topics, the focus here will be limited to some recent developments regarding the civil and criminal commitment of the mentally ill, some empirical research pertaining to these developments and related issues in the field of mental health law, and a variety of associated public policy concerns and dilemmas. This preface will provide a very brief introduction to and context for the articles that follow. The state's exercise of its power to intervene coercively in the lives of individuals-including interventions that may result in loss of liberty-is justified in reference to its police power and parens patriae authorities and associated responsibilities. The state possesses a plenary power to make and enforce laws and regulations for the protection of the public health, safety, and welfare. This broad and inherent power to protect the public is referred to as the police power and is prototypically exemplified in uses of the criminal sanction. The parens patriae rationale for coercive interventions invokes the state's sovereign power of guardianship over persons who are unable to care for themselves, such as children and the mentally disabled. In some contrast to the rationale for exercise of the police power, the primary-although not sole-purpose of parens patriae interventions, at least in theory, is benevolent: to provide care, protection, and treatment. Criminal commitments of the mentally ill comprise diversion to the mental health system-typically to security hospitals or security units that are part of regular state mental hospitals-of persons who have been charged with crimes and who, because of their mental disorder, need to be evaluated and/or treated in reference to certain specific legal issues and associated determinations and disposi- tions. In short, such commitments occur in the course of legal proceedings that originated because of criminal charges placed against the individual. The articles by Professor Rogers and his colleagues, by Dr. Pasewark, and by Dr. Steadman and Dr. Morrissey address a variety of issues that pertain to criminal commitments and related specific issues. Ms. Kerr and Dr. Roth report in their article on a survey of facilities and programs for mentally disordered offenders and note the various categories of criminally committed patients that typically are to be found in such programs. Civil commitment of the mentally ill involves legal proceedings that-even though concerned with persons believed to pose a danger to themselves or others or who are gravely disabled because of mental disorder-are primarily concerned with the confinement, care, and treatment of such persons. While some police power is also involved-for example, in response to fears that the person may be dangerous to others-a major purpose and objective is remedial and therapeutic. The distinctions between criminal and civil legal proceedings have become increasingly narrow and even blurred as many of the procedural as well as substantive due- process safeguards provided in the criminal process have increasingly been afforded to those facing civil commitments. Dr. Mills's article provides an overview of these 9

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