UWW Law 12 Days Documentary & Civil Commitment Hearings Essay
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Watch the documentary ’12 Days’, available on AppleTV and Amazon. Use the uploaded documents for understanding of the course on commitment. DO NOT USE ANY OTHER SOURCES BESIDE THE ONES ATTACHED PLEASE.
The movie is 1 hour and 26 minutes long and documents the legally mandated hearings of numerous individuals involuntarily remanded to a mental hospital in France. The French do apply a slightly different legal standard than the US (recall that here ‘dangerousness’ is the standard language used in our state statutes), inasmuch as in France the criteria is (1) ‘need for immediate care’ if the commitment is at the request of a third party, and (2) ‘threat to safety of self or public order’ if the commitment is being request by public authorities. Despite these differences, in tone and procedure I find these recorded hearings remarkably similar to those that one would observe in the US.
After you have completed the movie, write a brief reflection piece answering the following questions:
- Overall, who seemed to be in the ‘driver’s seat’ of the proceedings?
- In general, who did it seem had the burden of proof? Who had to work harder to make their case? Overall, did the judge seem deferential to the opinions of any party? Was the judge more aggressive in their questioning of any party?
- Did the judge exclude any evidence? Should any evidence have been excluded in your opinion?
- Did the judge refer to, or ask parties to present their evidence taking account of, the relevant legal standard during the hearings?
- Do you believe the judge adequately applied the legal standards for commitment?
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