RT Journal
A1 Smith WB
T1 THe two-edged sword
JF JAMA
JO JAMA
YR 1979
FD November 23
VO 242
IS 21
SP 2327
OP 2327
DO 10.1001/jama.1979.03300210053027
UL http://dx.doi.org/10.1001/jama.1979.03300210053027
AB 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