Encyclopedia of Psychology and Law

(lily) #1
Finally, a theoretical analysis has been conducted
in which the optimality hypothesis has been derived
within the framework provided by signal detection
theory. This analysis has resulted in the prediction of
the average size of the accuracy-confidence correla-
tion at six different levels of accuracy ranging from
zero to very high levels. An example illustrates the
utility of this analysis. Within the range of accuracy
levels typically obtained in field experiments, a
midrange predicted value of the accuracy-confidence
correlation coefficient would be +.256, quite close to
the estimated population value of +.252 obtained in a
published meta-analysis.

Kenneth Allan Deffenbacher

See alsoConfidence in Identifications; Confidence in
Identifications, Malleability; Expert Psychological
Testimony on Eyewitness Identification

Further Readings
Bothwell, R. K., Deffenbacher, K. A., & Brigham, J. C.
(1987). Correlation of eyewitness accuracy and
confidence: Optimality hypothesis revisited. Journal of
Applied Psychology, 72,691–695.
Deffenbacher, K. A. (1980). Eyewitness accuracy and
confidence: Can we infer anything about their
relationship? Law and Human Behavior, 4,243–260.
Deffenbacher, K. A. (1996). Updating the scientific validity
of three key estimator variables in eyewitness testimony.
In D. Herrmann, C. McEvoy, C. Herzog, P. Hertel, &
M. K. Johnson (Eds.),Basic and applied memory
research: Vol. 1. Theory in context(pp. 421–438).
Mahwah, NJ: Lawrence Erlbaum.

OUTPATIENT COMMITMENT,


INVOLUNTARY


Involuntary outpatient civil commitment is a form of
civil commitment in which a court orders an individual
to receive treatment and related services in a commu-
nity setting. Nearly all states in the United States per-
mit outpatient civil commitment, though the manner in
which it occurs varies among the states. It is also used
in other countries. Whether outpatient commitment
should be used has been a source of much debate since
the 1970s. While it continues to be controversial, the

courts that have considered it have upheld its legality.
Research to date suggests that it may be effective in
some circumstances for some patients when combined
with long-term treatment, though the reasons for its
effectiveness are not known at this time.

Outpatient Civil Commitment Defined
Civil commitment is a form of compulsory treatment.
Every state has a civil commitment statute that per-
mits the involuntary hospitalization of an individual if
certain conditions (generally a mental illness with
behavioral consequences, most typically dangerous-
ness to self or others) are found to exist. Many states
have broadened the application of involuntary civil
commitment statutes to permit individuals to be com-
mitted to treatment in outpatient settings.
Because outpatient civil commitment, like inpa-
tient civil commitment, involves some deprivation of
individual liberty, state statutes must specify the crite-
ria that will be applied before someone can be ordered
into outpatient care. There are three general types of
outpatient commitment. The first is a form of “condi-
tional release” used in some circumstances when an
individual is going to be discharged from inpatient
psychiatric care. The individual must agree on dis-
charge to comply with one or more conditions, includ-
ing the receipt of treatment in the community. A
second type of outpatient commitment statute (most
common among the states) uses the same criteria for
both inpatient and outpatient commitment but permits
a judge to order outpatient treatment as an alternative
to inpatient treatment if the judge finds that the person
meets the criteria for civil commitment. In the third
type of outpatient commitment statute, there are sepa-
rate statutory provisions for outpatient commitment,
and the criteria differ from those used for inpatient
commitment.

Criteria for Outpatient Commitment
While most states use the same criteria for inpatient
and outpatient commitment, since the mid-1990s there
has been more emphasis on the creation of discrete and
separate criteria for outpatient commitment. These
statutes, best exemplified by those found in New York
and North Carolina, use many or all of the following
criteria in defining those individuals who may be
involuntarily ordered into outpatient treatment:

532 ———Outpatient Commitment, Involuntary

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