When the Letter Betrays the Spirit: Voting Rights

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Language: English

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In requiring that these findings be made by clear and convincing evidence and that the assisted outpatient treatment be the least restrictive alternative, the statute’s procedure for obtaining an AOT order provides all the process that is constitutionally due.56 The argument that an individuals constitutional equal protection rights are violated in the absence of a finding of incapacity, because persons subject to guardianship proceedings, and involuntarily committed inpatients must be accorded such a hearing prior to medication over objection, was also rejected.

Pages: 374

Publisher: Lexington Books (September 16, 2011)

ISBN: B005G4GTGE

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