Explain distinction between civil and criminal commitment

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4-5 pages, APA Format paper.

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Please use plenty of citations from your references.

MOST IMPORTANT, please make sure all work is original, my school has a new plagiarism detection program that is very tough.

Case Study: Britney Spears

According to the text, a forensic mental health assessment refers to the practice of performing mental health evaluations to assist courts and attorneys, in the process of deciding certain matters of law applied to criminal or civil cases. In this case study, you will explore different types of forensic assessments and their application to a real world situation.

Review the case study titled "Britney Spears".

Write a three to five page paper in which you:

1. Determine whether or not you agree with the position that civil commitment violates Britney Spears' civil liberties. Provide a rationale to support your position.

2. Explain the distinction between civil commitment and criminal commitment. Next, support or criticize the premise that civil commitment was the proper course of action in the case of Britney Spears.

3. Argue for or against the theory that a short term (i.e. 72 hour) commitment provides enough time for a doctor to make a reasonable determination about the scope of the mental health problems of a patient. Provide a rationale to support your response.

4. The court ordered forensic assessments regarding Britney Spears' parenting capacity as well as her guardianship. Discuss the manner in which you believe these two assessments served the purposes of protecting the patient, protecting her children, and protecting the public. Provide a rationale to support your response.

5. Use at least three quality references. Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.

• Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

• Demonstrate basic knowledge of the different elements and aspects of forensic psychology.
• Brief and debate historic cases associated with mental health and forensic psychology.
• Distinguish between clinical, actuarial, and other prediction and evaluation methods used by forensic psychologists in legal cases.
• Use technology and information resources to research issues related to forensic psychology.
• Write clearly and concisely about topics related to forensic psychology using proper writing mechanics and technical style conventions.

CASE STUDY

Britney Jean Spears was born to be an entertainer. Even as a child, she was a star: At age 10, she began appearing on television programs such as Star Search and The New Mickey Mouse Club. At age 17, she completed her debut album, ... Baby One More Time, and quickly became one of the world's most famous and best-selling singer-entertainers. But she is also a tragic figure whose highly publicized personal problems, which may stem at least in part from a history of mental disorder and substance use, have led to numerous appearances in civil courts. Spears has appeared twice in court seeking to terminate marriages. Her first marriage, to long-time friend Jason Allen Alexander, took place on January 3, 2004. She was 22 years old at the time. Two days later, she filed a complaint with the Clark County (Nevada) District Court seeking annulment on the grounds that she "lacked understanding of her actions to the extent that she was incapable of agreeing to marriage because before entering into the marriage the Plaintiff [Spears] and Defendant [Alexander] did not know each other's likes and dislikes, each other's desires to have or not have children, and each other's desires as to State of residency." The annulment was granted after only 55 hours of marriage. (For further information, see article: Britney Spears Files For Annulment). Spears' second marriage, to Kevin Federline, took place later that year on September 18, 2004 (although the necessary legal documents were not filed until October 6, 2004). Spears and Federline had two sons together: Sean, born September 14, 2005, and Jayden, born September 12, 2006. But Spears began to behave erratically during her marriage to Federline, including an infamous incident in which she was photographed driving her car while holding a baby in her lap, without any proper restraints. She also expressed unhappiness with her marriage in media interviews and eventually filed for divorce in November 2006, citing irreconcilable differences. This started a legal battle, with both Spears and Federline seeking custody of the children.

The couple reached an agreement in March 2007 and their divorce was finalized a few months later. Spears' problems worsened after her divorce. She attended a substance use treatment facility in February 2007, then shaved her head completely bald with electric clippers a few hours after checking out. After a few days, she attended and completed an inpatient substance use treatment program. Her ex-husband, Federline, was concerned about her parenting capacity and requested an emergency court hearing regarding custody, but later cancelled the appearance. A detailed custody evaluation was conducted by a California psychologist, Dr. Jane Shatz, the results of which were released in a 700-page report submitted by Dr. Shatz. The court reached a decision in September 2007 that Spears and Federline would continue to have joint custody of their two children, with conditions placed on Spears including random testing for drug and alcohol use and attendance at counseling. Despite the court-ordered conditions, Spears continued to have problems, including being charged with hit-and-run and driving without a license. In October 2007, Federline was granted full custody of both children. But after Spears ignored the court order, police were called to her residence in January 2008. The children were placed in Federline's custody and Spears, who reportedly had not slept for several days, was hospitalized and held two days for an emergency mental health evaluation. As a result of this evaluation, a series of legal decisions imposed new conditions on Spears: She was involuntarily hospitalized due to mental disorder; her visitation rights were suspended indefinitely; and conservatorship (that is, control of her business and financial decisions) was granted to her father and attorney. In addition, a restraining order was granted that forbade a former business associate, who was suspected of exerting a negative influence on Spears, from having contact with her. (Subsequently, additional restraining orders were placed on two former associates.)

The case of Britney Spears is an excellent illustration of how the civil justice system can be used to help resolve many different difficult situations, ranging from family disputes to concerns over people's ability to manage their own business affairs or make decisions about health care. It also illustrates how psychologists (and other mental health professionals) can assist the justice system to resolve these disputes. Although the results of Spears' mental health assessment and treatment remain private, there has been considerable speculation that she suffered from mood and substance-related disorders that played a major role in her personal problems. The good news is that there appears to have been a slow but steady improvement in her personal problems since her hospitalization in early 2008. She has regained some visitation rights, and the charges against her in connection with the motor vehicle accident were dismissed. She has even regained some of her former glory as an entertainer: Her 2008 album, Circus, and the associated concert tour had excellent sales, garnered her widespread acclaim, and received numerous awards. Hopefully, the worst of Britney's troubles are behind her.

Reference no: EM131570246

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