title: Vitek v. Jones: transfer of prisoners to mental institutions.
abstract: In Vitek v. Jones, the United States Supreme Court interpreted the due process clause as requiring that certain procedures be followed before transferring prisoners to mental institutions. This Note analyzes the Court's reasons for concluding that the existing transfer procedures embodied in the state's commitment statutes infringed on the prisoner's liberty interests and, therefore, were constitutionally inadequate. It finds that not only was one of the grounds used by the Court to find a constitutionally protected liberty; inappropriate, but the calculus that the Court employed in mandating additional procedures was incorrect. This Note suggests alterative methods of holding the statutes unconstitutional, methods that would not lead to markedly different procedures for committing prisoners and civilians. Finally, the Note examines the procedures that the Court actually prescribed and discusses their implementation.
mesh_terms: D002961:Civil Rights / Q000331:legislation & jurisprudence; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D006778:Hospitals, Psychiatric; D006801:Humans; D028642:Persons with Psychiatric Disorders; D011329:Prisoners; D035521:Supreme Court Decisions; D014481:United States