The Case
This 1972 case challenged Wisconsin’s involuntary civil commitment laws.
What is Lessard v. Schmidt?
This type of lawsuit was filed in 1972 to challenge Wisconsin’s civil commitment procedures.
what is a class-action lawsuit?
The court ruled that civil commitment is considered this type of loss.
What is loss of freedom?
It can cause long-lasting problems with this.
What is mental health?
This amendment guarantees due process at the state level.
What is the 14th Amendment?
She was the plaintiff who claimed her due process rights were violated.
Who is Alberta Lessard?
Lessard was taken to this type of facility without her consent.
what is a mental health center (or mental hospital)?
Temporary detention was limited to this amount of time.
What is 48 hours?
The state must prove a person is this before committing them.
What is a danger to themselves or others?
The constitutional amendment guarantees criminal defendants the right to legal representation.
What is the 6th amendment ?
He was the defendant accused of violating Lessard’s legal rights.
Who is Wilbur Schmidt?
The plaintiffs argued Wisconsin’s system violated this constitutional protection.
What is a due process?
The court ruled that people facing civil commitment are entitled to this type of legal representation.
What is the right to an attorney?
Fair treatment can help protect a person's this.
What is dignity?
This legal guarantee that prevents the government from arbitrarily depriving individuals of "life, liberty, or property" is contained in the 5th and 14th amendments of the US constitution.
What is due process clause?
While Aleberta Lessard was the plaintiff, Wilbur Schmidt held this title within the Wisconsin Department of Health and Social Services
Who was the secretary?
Individuals must receive this within 14 days of being detained.
What is a hearing?
The court said people facing commitment are entitled to this.
What is legal representation?
Before the case, people could feel this way when committed without strong proof: scared, confused, and powerless.
What is emotionally distressed (or afraid and powerless)?
Because civil commitment involves a loss of liberty, the court ruled that patients have this right, which protects them from being forced to testify against themselves.
What is the privilege against self incrimination (or 5th amendment)?
This type of law allows the government to hospitalize someone for mental health treatment.
What is civil commitment?
To ensure the plaintiff had a fair shake, the court required that the subject of commitment hearing be given this, which allows them to see the evidence against them.
What is the right to notice (or right to be present)?
The burden of proof required by the court had to meet this higher legal standard
What is proof beyond a reasonable doubt?
This term refers to the "least restrictive" principle established by the case, meaning the state must explore outpatient options before locking someone up.
What is the "Least Restrictive Alternative"?
The court explicitly rejected the Parens Patriae doctrine in favor of this legal concept, which requires strict adherence to constitutional rights during commitment.
What is the Adversarial Model (or Adversarial process)?