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November 23, 1979, Vol 242, No. 21 >
ARTICLE | November 23, 1979

The Two-Edged Sword

William B. Smith, JD
JAMA. 1979;242(21):2327. doi:10.1001/jama.1979.03300210053027.
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ABSTRACT

A unanimous opinion of the Supreme Court is an unusual phenomenon today, when it seems that almost every other decision of that august court is determined by a single vote. Furthermore, it is encouraging to read the opinion written by Chief Justice Warren Burger in the case of Addington vs Texas. The reader must appreciate the wisdom and sensitivity disclosed by the careful analysis in that opinion, which deals with the legal problems inherent in the civil commitment of the mentally ill.

The Court's determination of the standard of proof required by the due process clause of the Fourteenth Amendment for an involuntary commitment to a state mental hospital is wrapped in a comprehensive delineation of rights and duties. The main argument centered on use of the same standard of proof required in criminal actions, ie, proof beyond a reasonable doubt, as opposed to the more moderate standard of clear

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