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UC Law Constitutional Quarterly

Abstract

Individuals who commit suicide are not incompetent or even making an irrational decision. Yet state laws, such as the Lanterman-Petris-Short Act in California, continue to allow mental health professionals to lock up suicidal patients in psychiatric facilities against the patient’s will. These commitments, however, are not always beneficial, and in many instances are detrimental to both the patient and the mental health professional. Patients can be traumatized from the experience, feel more suicidal from lack of hope and feelings of betrayal. Mental health professionals cannot effectively treat suicidal patients when providers are fearful of liability or when their patients refuse to share information because they think they will be committed. As mental health awareness increases, so does the awareness of involuntary commitments and the dangers of seeking help. Current mental health laws can deter suicidal individuals and others struggling with their mental health from getting any help at all, effectively nullifying the goal of the laws aimed to protect individuals from suicide. This note will analyze the Lanterman- Petris-Short Act and will suggest improvements that should be made to truly help achieve the goal of helping suicidal individuals without resorting to actions akin to imprisonment.

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