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Landmark Cases

Case Name: Alberta LESSARD, etal
v. Wilbur SCHMIDT etal

Date, Location, Cite: 1972 WIS
349 F. Superintendent. 1078
US District Court., Eastern Wisconsin

Old law allowed 145 days detention with loss of all civil rights. Court held that 10-14 days was max before a hearing; law unconstitutional. Parens patriae not arbitrary. Commitment requires at least as much protection as criminal. This case said BEYOND A REASONABLE DOUBT was standard. States that psychiatrist MUST WARN patient of 5th Amendment RIGHTS when questioning FOR COURT.