Nick Gillespie | January 31, 2008
Pop diva
(whatever that means!) Britney Spears is back in the hospital, this
time apparently committed for psychological evaluation by her
doctor and/or family:
Los Angeles Police officers physically removed pop star Britney Spears from her home early today, placing the troubled celebrity on a "mental health evaluation hold," authorites said....
This is the second time in a month that Spears has been placed on a 72-hour welfare hold. The first occurred on Jan. 3, when Spears declined to give up custody of her children to ex-husband Kevin Federline.
I am curious as to what Hit & Run readers--and the wide, wide world, too, of course--think generally about the topic of involuntary commitment. Is it ever justified? If so, when? And if so, shouldn't Britney have been committed at some point before or at the very latest during her infamous Video Music Awards number?
Brian Doherty on the chilling catalog of mental-health industry abuses Mad in America here.
Jacob Sullum interviewed contributing editor and arch-critic of the "medicalization" of American life, Tom Szasz, in 2000. Whether you agree with Szasz in part or whole or not at all, that Q&A is well worth reading.
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think generally about the topic of involuntary commitment.
Is it ever justified? If so, when? And if so, shouldn't Britney
have been committed at some point during her Video Music Awards
number?
I would guess that there are times when it's justified, probably
more so when they're a danger to others than themselves, but there
needs to be a strong bias against doing so.
The VMA was just sad, people dog her too much about it. It was just
sad.
"I am curious as to what Hit & Run readers--and the wide,
wide world, too, of course--think generally about the topic of
involuntary commitment. Is it ever justified? If so, when?"
Very, very rarely, only when the person is shown to be a danger to
self/others either beyond a reasonable doubt or by a clear and
convincing amount of the evidence. I don't think a preponderance
will do.
I think she's certainly guilty of hotness in that photo. If only
the young lass had some brains and talent...
We use the "reasonable person" standard in torts, and it works
fairly well. By that same standard (which, in this context, is
admittedly circular), if someone is a danger to himself or others,
and there are procedural safeguards to ensure that the commitment
is no longer than necessary, and no more coercive than necessary,
then I definitely see the usefulness of involuntary
commitment.
I can also see the potential danger, but I think in the
cost/benefit calculus, involuntary commitment is justified.
Today's regular headline: "Erstwhile popstar, turned residual
cultural phenomenon turns out to be bat shit crazy."
In other news, Cincinnati has just been bombed with live
turkeys.... Film at 11
I think that it can be justified if the person is an immenent threat to themselves or others, but from what I know of Britney Spears this isn't the case, so long as they keep the kids away from her.
Poor Britney's problems are mostly due to the fact that 1) she
has kids and 2) the kids are subject to a variety of court orders
dealing with joint custody with her ex, and, so it would appear,
Britney keeps violating those orders. I've always been a Britney
fan, but she's managed to piss off a variety of municipal court
types with her repeated temper tantrums. When you make Kevin
Federline look like the responsible one, you're doing something
wrong.
As for the Video Music Awards gag, ha ha ha. What's wrong with love
handles, huh? Us country boys like a little something to hold onto.
I sure wouldn't kick Britney out of my trailer. Come on home,
Britney, honey! I got waffles in the toaster!
Generally agree with statements about being a danger to oneself
or others...the key issues to me are about what happens when one is
involuntarily commitment...should one be forced to take drugs that
can help them? Should one be forced to abstain from risky behavior
prior to being released?
I think these questions are best answered with a bias against
involuntary commitment...just as I would hope that the legal system
hold a bias against incarceration when there is a shadow of a
doubt, even if it means allowing an occassional criminal to walk in
the interest of protecting individual freedoms...
Poor Britney's problems are mostly due to the fact that 1)
she has kids and 2) the kids are subject to a variety of court
orders dealing with joint custody with her ex
The (alleged) bipolar diagnosis may have a little to do with it
too...
Everytime I see someone giving her any press I feel the need to have myself committed. She is the media whore darling of the decade and to be honest I don't care who, what, when, where or how, just make the bitch go away.
I am curious as to what Hit & Run readers--and the wide,
wide world, too, of course--think generally about the topic of
involuntary commitment. Is it ever justified? If so, when? And if
so, shouldn't Britney have been committed at some point before or
at the very latest during her infamous Video Music Awards
number?
Despite the potential for abuse, I'm inclined to lean toward a
short commitment for evaluation rather than a long incarceration
that could have been prevented, or worse. I guess the key is
determining when a person is actually out of control vs. making
choices that others don't like. I don't have a good answer for how
to make that determination.
Involuntary commitment is very, very dangerous and needs to be
treated as such, with extensive safeguards and review. When one
person (a judge) can order someone held against their will without
a trial (even if they are getting "expert" advice from a
psychiatrist), that's scary shit.
I would say that such involuntary commitment, which is probably
necessary in cases of imminent danger to others, should require
more than one judge to sign off on it, with each judge receiving
testimony from multiple psychologists. Then, the commitment cannot
be indefinite and must be reviewed within a few days by yet another
judge. Something like that.
And gaijin raises the question of forced drug regimens--can they be
forced to take drugs?
Now that the serious post is out of the way, has anyone seen the
MAD TV skits about K-Fed and Britney? Fantastic.
Also, if the press is going to follow anybody around, Lindsey Lohan
is way preferable to Britney.
Dee (@ 8:44) makes a good point, but there is something fascinating about freak shows and train wrecks, and she's both.
She should not be involuntarily committed unless she is a danger
to others. If her kids can be takn by their father, she can just be
left alone at that point. If she then tries to go after them she
can be stopped. Other than that, she owns herself so she has a
right to decide whether or not to seek treatment or be treated or
destroy her own life. It is up to her family to convince her to be
helped, not for the state to decide she should be held against her
will.
I would make the same case whether she were famous or not. I think
some people are not separating her celebrity status from their
thought process, as if it makes some difference.
And gaijin raises the question of forced drug regimens--can
they be forced to take drugs?
They shouldn't be, no. Of course this means that they should be
held responsible for their behavior even if they refuse treatment,
but no one should be forced to take medication against their will,
especially given the potential side effects of anti-psychotic meds,
such as tardive
dyskinesia, seizures, akathisia, parkinsonism,
etc.
She should not be involuntarily committed unless she is a
danger to others.
Have you spent much time with mad people? I don't think it's quite
as simple as you seem to think...
I can see how it could be necessary sometimes, but look at the fallout; now this mentally ill person is going to lose it around cops and medical staff. That's not good.
Pop diva (whatever that means!)
It means the same as "supermodel" means: nothing.
It's one of those handy and superficial cultural terms, the sum of
which equals zero.
What does it say about me that I never found Britney attractive until she became fat & trashy?
People who are incapable of looking after themselves routinely
have guardians appointed for them by the courts, even if they are
not a danger to anyone else. I don't see anything wrong with
that.
Depending on the scope of the guardianship order, the guardian
could have their ward committed for mental treatment. I'm not sure
how meaningful the distinction is between having a court-appoint
guardian commit someone, and having the court do it.
OTOH, most health care power of attorney statutes (which allow you
to appoint someone to make health care decisions for you if you are
incapable) restrict to some degree the surrogate decisionmaker's
authority to consent to mental health treatment to have you
committed. Go figure.
What does it say about me that I never found Britney
attractive until she became fat & trashy?
Was she ever not trashy (oops, I did it again)? The fact that you
find her flesh more appealing when she isn't starving herself, I
find that encouraging. Maybe it's catching on.
Britney Spears should not be committed. But anyone who gives a rats
ass about Britney Spears should be evaluated.
I can't speak for other states, but in Illinois I think the scarier issue is voluntary commitment. Illinois law says that you can coerce somebody into voluntarily committing themselves as long as you're prepared to involuntarily commit them should they refuse to do so voluntarily. Why is this so scary? Well, when you're involuntarily committed, you're entitled to due process under both the state and U.S. constitutions. When you voluntarily commit yourself, however, you don't get due process until you ask to leave, which can be more difficult than you'd imagine. I'm okay with involuntary commitment where the person poses an imminent danger to their self or others; I think the real issue is what the proper procedural safeguards are.
Why not use the same rules we already have? A person can be arrested on short notice without a trial, but must be promptly charged or released, and to be convicted, the charge must be proven beyond a reasonable doubt (in theory).
"More than a dozen motorcycle officers and a Los Angeles Fire
Department ambulance swept through the front gates of Spears'
hilltop Studio City residence shortly before 1 a.m., as a police
helicopter hovered overhead. At 1:08 a.m., officers inside the home
radioed to commanders that "the package is on the way out."
Can you say "Overkill"?
Having lived with a bi-polar teenager for several years I can attest that there comes a time when involuntary committment is necessary and the path to getting there can be devastating to everyone within shouting distance of the soon-to-be committed.
I actually feel sorry for Britney. Everything she does is viewed
under a microscope and then analyzed by people who have no
understanding of the situational context.
If I were picked apart everytime I did something some asshole
didn't agree with (I "taught" my girls to drive on my lap, let them
have sips of my wine, etc.) I'd go a little crazy too.
That said, there may be a time to commit someone to a hospital, but
I don't think Britney's situation is an example of such a time.
12 Officers and a Police helicopter? The police chief, and any other government official involved need to be involuntarily committed, and fired. What a waste of tax payers money....
I see a lot of young men and women with adjustment disorders in
my line of work (Air Force First Sergeant at a technical training
squadron.) Occassionally I get Airmen who express suicidal ideation
or make suicide gestures/attempts. I'm almost always successful at
convincing them to voluntarily seek psychiatric assistance, but if
they don't, the military has a process by which a commander can
involuntarily refer someone to psychiatry (which we euphemistically
call the "Life Skills" clinic.) If the Airman is deemed to be a
danger to him/her self or others, they usually will be admitted to
an inpatient facility for observation and evaluation. Sometimes
they do this voluntarily, sometimes involuntarily. The "how" of
involuntarily admitting someone to a psychaitric facility varies
from state to state. Here in Florida, the Baker Act restricts
initial involuntary hospitalization to 72 hours for observation and
evaluation.
In abstract, the concept of hospitalizing someone against his or
her wishes horrifies me. And even as a practical matter, although I
understand the pressure we're under to prevent suicides in the AF,
I'd have to say that if someone is intent on killing themselves,
they'll evntually do it. The overwhelming majority of potential
suicides I have dealt with have not truly been dangers to
themselves. Many have benefitted from therapy and continued to
serve in the AF. But the few who were deemed to be truly suicidal
were almost always medically discharged due to "personality
disorders". But until we send them home, they're under an almost
constant suicide watch, which is a true pain in the butt. Under
those circumstances, I must admit I hypocritcally try to see if I
can find a way to get Life Skills to have them involuntarily
admitted to a facility where they can be protected from themselves.
Nobody wants to have a troop commit suicide on their watch.
If it's only an ironclad 72-hour evaluation hold, I have less
problem with (though it still creeps me out a little). I think most
of us are imagining "One Flew Over The Cuckoo's Nest" horror
stories if it goes beyond that. These are tough calls from a
libertarian perspective, I believe.
As to Ms. Spears, was I the only one who thought of Nancy Sinatra
and "These Boots Are Made For Walking" when Britney did that VMA
performance? I thought it was kind of hot, in a trashy way.
To answer Nick's question, we involuntarily committed my
grandmother to a nursing home, she fell and couldn't get up with
increasing frequency. She lived with my mom...who didn't give a
shit half the time. To the rest of us, we thought being thrown in
prison would be more pleasant than living with my mom.
Definitely a question of the lesser of two evils.
I think most of us are imagining "One Flew Over The Cuckoo's
Nest" horror stories if it goes beyond that.
Don't forget that not all of those patients were there
involuntarily. Mixing the voluntary with the involuntary might have
made the horros worse. Heck, that's the general problem with
school.
I'm kind of surprised how many libertarians are just fine with
involuntary committment if the person is only a threat to
themselves. If they are a threat to others, fine, do what is needed
to protect others, but who has any right to protect people from
themselves. Drug warriors say that's OK. I thought we all
understood we own ourselves and if we decide to destroy ourselves,
that's our business...as long as we are not a threat to
others.
Now, I'm not saying Brittney wasn't a threat to others. Her kids
come to mind, but a lot of people here are saying she should be
committed even if she were only a threat to herself.
"I am curious as to what Hit & Run readers--and the wide,
wide world, too, of course--think generally about the topic of
involuntary commitment. Is it ever justified?"
Allow me to introduce my x-wife Marge...
"It means the same as "supermodel" means: nothing.
It's one of those handy and superficial cultural terms, the sum of
which equals zero."
No, supermodle actually means something.
Thomas Szasz should be involuntarily committed
Ah, so someone beat me to it. Well, I can see I'm not needed here
today.
about the topic of involuntary commitment. Is it ever justified? If so, when?
Of course it is. Follow link for example... sheesh.
Aaaargh!!! Hit & Run doing stories on Britney!! I definitely have to cancel my subscription now!
There is an established procedure for involuntary
institutionalization of people who are a danger to themselves and
others... it is called a criminal jury trial.
If the person was really all that dangerous, then it shouldn't be
hard to lock them up on an actual criminal charge, and give them
psychological treatment during incarceration.
If there is absolutly no criminal charge you can bring them up on
(extremly unlikely, given the universal criminalization of just
about everything), then those people are most certainly not a
danger in any conventional sense.
MADONNA IS A SUCCUBUS!
All of Britney's problems began with that infamous kiss. Madonna
sucked out Brit's meager talents and mental stability.
I'm kind of surprised how many libertarians are just fine with involuntary committment if the person is only a threat to themselves.
I'm with you on that one.
A 5150 requires belief that the person is a danger to themselves or others. I have never heard that Britney was sucidial or violent, so I suspect that the order is bullshit. A good judge will also think so (apparently in 3 days it may go to a court where a judge determines whether or not to extend the order).
I'm kind of surprised how many libertarians are just fine
with involuntary committment if the person is only a threat to
themselves.
If this is a comment which is vaguely making reference to say, drug
use, let me assure you, there are many ways in which a person can
be a danger to themselves.
Believe it or not, there are conditions which people can suffer
from that pretty much render them completely and utterly insane.
It's not imcompatible with libertarianism to recognize this and
treat people with some compassion.
In fact, the modern system we have for involuntary commitment is
quite libertarian. It was the old system that was highly
collectivist (and evil) in nature.
People could be committed simply because their actions were
percieved as "irrational", and thus this led to massive abuses by
the system, and often the people demanding the commitment (jealous
family members coveting an inheritence, say).
Paul,
My reading of that comment (and meaning in my response) is that
even if people endanger themselves (but nobody else), involuntary
commitment isn't compatible with libertarian thought. I think that
if there's a demonstrable risk to others, there is perhaps some
wiggle room for involuntary commitment but I'm unsure how
compatible that is with hard-line libertarianism. Part of me thinks
that even if the person is a risk to others, he shouldn't be locked
up against his will until there is actually harm.
In the case of Ms. Spears, the correct solution isn't
involuntary commitment, but simply exile.
Send her somewhere as far as humanly possible from the so-called
"entertainment industry", and I imagine she'd probably snap out of
it within a month.
The pretext is danger to self and others. All libertarians
should support the right to take risks or to commit suicide, so
that shouldn't be an issue. Risk to others should be treated the
same for all people, with no reference to psychiatry. A menacing
person should be arrested and taken to jail, not imprisoned in a
pseudomedical facility and involuntarily drugged. If a person is
not an immediate physical threat, he might still be a nuisance and
be arrested for trespassing, but this is still not a matter for
psychiatrists. As Szasz has noted, the National Alliance for the
Mentally Ill has actually described how to lie to the police so
that the "mentally ill" they are "for" will be involuntarily
committed.
MENTAL ILLNESS: FROM SHAME TO PRIDE
http://www.szasz.com/iol19.html
Leave Britney Spears the hell alone. If there is any madness
involved it is on the part of the gossip media and their
consumers.
Part of me thinks that even if the person is a risk to
others, he shouldn't be locked up against his will until there is
actually harm.
I disagree profoundly. There are mental conditions which
objectively put people outside of normal, healthy behavior. I
understand, however, that opinion on the subject may be divided.
Over here, we have the entire medical establishment, over there,
some posters on hit&run.
But seriously.
Involuntary commitment, despite what you've witnessed in fine
Hollywood films everywhere, is a very intensive process. A process
involving a courtroom and judge. It's an imperfect system, but one
that actually works pretty well. I should also note that the system
is so sensitive about involuntary commitment that often times, harm
is done before any involuntary hospitalization takes place.
The other side of the issue is mental illness vs. dangerous
asshole. The medical establishment struggles with this constantly,
and has a large number of highly trained professionals whose job it
is to root out the difference. The dangerous asshole goes to
prison, the mentally ill person with the tinfoil hat who's getting
orders from the Catholic Church to...hurt people... should NOT be
in prison with other dangerous assholes.
It is precisely our compassion for the latter which compels us to
protect them from the former. Allowing a muttering schizophrenic to
go to simple prison (that's an example of a 'psuedomedical
facility') when he or she should be receiving treatment is, by
definition, cruel and unusual punishment.
As much as I've come to loathe Reason and Nicky Sideburns, at
least it was a Britney free publication. Gillespie seems hell-bent
on removing any vestigial redeeming qualities from a once
unterrible website and magazine.
Hey Fonzie, why don't you, Potsie Welch and Richie Balko go sit on
it.
Involuntary commitment is never justified under any
circumstances.
If she is breaking the law arrest her.
If she is actually endangering her children, take them away for
their own safety
I suppose Idon't have a problem with offering "voluntary"
commitment as an alternative to incarceration (if adjudicated
guilty of a jailable offense) or as a path to potentially regaining
custody of children.
Those who think Dr Szasz should be involuntarily committed prove
one of his main points.
Paul,
I infer from your post that you are in the medical field and might
have some experience with the business of psychiatry. I've some
experience in the medical industry (direct & indirect) and I
understand the humane concern for differentiating between criminal
and crazy. The problem is that while criminal activity is generally
defined in nearly same terms (theft & murder) throughout time
and culture, crazy's definition changes according to decade.
Van Gogh was considered a freak when he was young. He disregarded
any sense of normality and painted. He got drunk and cut off his
ear. He was institutionalized, released and killed by his own hand.
We celebrate his work today. Involuntary commitment as we know it
could deprive the person detained, and even humanity, what should
be celebrated once evolved.
I'm kind of surprised how many libertarians are just fine with involuntary committment if the person is only a threat to themselves.
You can't always distill morality into simplistic libertarian
axioms. Reality is never that nice and neat. A close family member
of mine once had a drug reaction that led to a state of extreme
paranoid schizophrenia. She was an imminent danger to herself.
Literally. So my family had her committed for 72 observation. The
pharmaceuticals got out of her system, and she recovered.
Some libertarians love to take extreme in-your-face positions. Like
denying you the right to save someone's life without their express
permission. So you if find someone asleep on the railroad track, in
imminent danger of death, you may not grab them and pull them away.
They would then be justified in shooting you for touching them
without permission. And even if they don't, you can still get sued
for trespass by the railroad. All you can do is yell at them from a
distance hoping that you can wake them in time.
Sometimes committing someone involuntarily is the moral equivalent
of pulling them off the train tracks.
Those who think Dr Szasz should be involuntarily committed prove one of his main points.
No one is seriously suggesting he be committed. Some of us,
however, think he is seriously, possibly dangerously wrong.
And, frankly, I don't see why your solution of simply locking
mentally ill people in jail is preferable to involuntary
commitment. Mental hospitals aren't nice places, but most jails are
worse. I'd certainly rather be in a hospital than a jail, crazy or
not. Where do you really think Britney Spears, to take the example
we've been given, would rather be?
I'm kind of surprised how many libertarians are just fine
with involuntary committment if the person is only a threat to
themselves.
I'm not sure that it's that simple. If someone decides to do a swan
dive off of a freeway overpass, are they posing a danger to others?
Do you have a right to inflict mental anguish on a train engineer
by lying on railroad tracks?
MADONNA IS A SUCCUBUS!
All of Britney's problems began with that infamous kiss. Madonna
sucked out Brit's meager talents and mental stability.
I rewatched that on youtube a number of times. Ah, fond
memories.
MADONNA IS A SUCCUBUS!
All of Britney's problems began with that infamous kiss. Madonna
sucked out Brit's meager talents and mental stability.
Actually Carlos Leon is the Succu-bi. All of Madonna's problems
started when his seed was implanted in her.
"I am curious as to what Hit & Run readers--and the wide,
wide world, too, of course--think generally about the topic of
involuntary commitment. Is it ever justified? If so, when?"
Sadly, and as the above comments suggest, most readers on here
don't really care about psychiatric slavery. Unfortunately this is
also true of many libertarians. I must applaud Reason magazine on
your continuing coverage of Dr Szasz, and urge you to take up the
fight to an even greater extent. The amazing thing about Szasz's
critics is that they very rarely understand his point, despite the
elegant simplicity of his message. Of central importance is keeping
in mind that it is a political matter, and not a medical one. I am
almost ashamed that so few libertarians (or at least folk who hang
our at Hit&Run) can see this, and worse, practically write the
script for psychiatric slave owners to justify their disgusting
behaviour.
www.szasz.com had many free resources. I urge anyone who is even
unsure of the legitimacy of psychiatric coercion to spend some time
there.
I support involuntary commitment if the person is an imminent
danger to others.
As for 'danger to oneself' - I believe healthy people should have
the right to set down a 'will' about the matter. Not everyone is
the same, and freedom is not valued to the same degree by different
people. Clearly, a lot of people believe that taking over someone
else's freedom is justifiable on compassionate grounds. They would
presumably that in the event of a mental calamity befalling them,
they should be placed under involuntary commitment/guardianship in
their own best interests. There are some others however (and I am
among them) for whom a life without freedom, where you no longer
are allowed to decide whats best for you, is never acceptable. Such
people , I think should never be committed, even if they are a
danger to themselves. A legal document (prepared by the person in
advance) seems the best way to decide which alternative to
take.
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