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Landmark Cases

v. MICHIGAN Dept. of Mental Health

Date, Location, Cite: 1973 MI
#73-19434-AW(text @ 1 Men Disease Law Rptr 147)
no appeal - trial court

Lewis Smith committed as Criminal Sexual Psychopath in 1965 after he murdered & raped a student nurse. There was no hearing. In '72 he went to Lafayette Clinic as research subject to compare amygdaloidotomy v. Cyproterone Rx; Smith signed consent, his parents signed, 3 member panel reviewed & approved; Kaimowitz was attorney (also inmate?) with no connection to case, who said Smith was being illegally held. Court agreed, voided consent; violation of due process, if no hearing, no determination of guilt; Inmate or Incompetent Civilly Committed pt can't give free consent to dangerous experiment.