The decision for civil commitment by jury trial and the respondent with a diagnosis of dementia

Abstract

Difficulty communicating with the moderately to severely demented patient in a civil commitment proceeding is discussed. The patient is not always able to indicate whether s/he wants a jury trial or a hearing by judge (or court commissioner). At times, the manner in which the judge or attorney communicates may contribute to the patient 's inability to comprehend. Two cases are provided which demonstrate these difficulties. Suggestions are made to simplify communication in the courtroom and to increase the likelihood that the patient will understand. A brief structured interview is included to facilitate the process of obtaining an indication from the patient as to whether s/he wants a jury trial or a hearing by judge (or court commissioner).