Miranda-like Rights for Psychiatry
Recently, Lynn R. of Massachusetts made a simple yet important suggestion based on her own experiences with the psychiatric system: We should have the equivalent of 'Miranda Rights' in psychiatry when someone is being picked up by the police or otherwise detained for a psychiatric evaluation and potential hold.

The Miranda rights were established in 1996 as an outcome of a Supreme Court Case (Miranda V. Arizona). When a police officer is arresting someone, they are required to say the following:
  • "You have the right to remain silent. Anything you say can and will be used against you in a court of law."
  • "You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."
  • "Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"
In contrast, it is common practice to ask people being involuntarily detained for a psychiatric hold dozens of invasive questions that could determine whether or not they will be held against their will. Often, they're not given information about their rights at all or, if they are, until after many questions have already been asked and usually with an overwhelming pile of other information. 

Help us think through whether or not this idea should be pursued and what it could look like! All responses are anonymous. E-mails are not being collected unless you choose to share your contact info at the end of the survey.

While this is not exclusively a Wildflower Alliance initiative, we are invested in being a part of exploring and supporting it.

And please share this survey with anyone you think might be interested in voicing their opinion on this idea. We've created this short link to help people share it more easily: https://tinyurl.com/MirandaPsych

PLEASE NOTE: Although people have the rights stated above when being arrested by police and should not face negative consequences for exercising those rights, police are in the power position and sometimes do respond negatively when someone refuses to answer questions (etc.) even though they have that right. Similarly, although people being detained on psychiatric holds (and similar) have certain rights to refuse treatment, etc. this also unfortunately does not mean that police, providers, and others will never respond poorly or in a retaliatory manner. We recommend--if you are in a vulnerable position and intend to refuse treatment or challenge police or providers--that you do your best to make informed decisions about the risks and consequences you are able and willing to face and that you involve witnesses/advocates/supporters whenever possible to help protect against retaliation and similar. We wish it were the case that having a right meant that people were always protected when exercising that right, but we know all too well that that is not always the case. 

This survey was put together and is being distributed by a small group including Sera Davidow and Lionel Frechette from Wildflower Alliance, Howard Trachtman, and Lynn R. This group will have access to survey responses. Others may also be added to the larger group to move any legislation forward, but we will commit to anonymizing data beyond this initial group. 
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On a scale of 1-5 how useful do you think this idea is?  *
Not all useful (should definitely not be explored)
Extremely useful (should definitely be explored/implemented)
In general, what do you think about the idea of having a "Miranda rights"-like statement that someone is required to say if they are responsible for picking up and/or detaining someone for a psychiatric hold?
Who do you see the key stakeholders that would need to support this idea in order to move it forward? 
Are you aware that someone who is being detained by the police, hospital staff, etc. is NOT required to answer any question they do not wish to answer?
Clear selection
Are you aware that anyone being held against their will in a psychiatric facility (12b) is entitled to speak with an attorney (and to have one assigned to them at no cost if unable to afford one themself)? 
Clear selection
Are you aware that you have a right to refuse any psychiatric drugs that a medical provider attempts to give to you while you are being held in a psychiatric facility (pending certain exceptions of immediate serious risk) unless otherwise ordered through a court hearing?
Clear selection
Are you aware that you are supposed to have the right to contact a loved one or to have an advocate join you in the Emergency Room when being involuntarily detained for a psychiatric evaluation?
Clear selection
Are you aware - if the police come to your door to do a "wellness check" - that you are not required to let them into your home or answer questions you do not wish to answer? 
Clear selection
What other rights are you aware of related to involuntary holds?
What other rights do you think should exist for people related to involuntary holds?
What are your thoughts on what a 'Miranda Rights' for psychiatric detainments should say? 
What are your thoughts on what measures should be taken to ensure accessibility to a Miranda-like warning? Select any that apply.
What are your thoughts on when a Miranda warning should be required to be given?
What are your thoughts on what consequences there should be if the Miranda-like warning is not given and/or any rights are violated? Select any that apply.
Are you aware of any place where something reassembling a Miranda-like warning for involuntary holds already exists? If so, what place is it and what do they do? If possible, please provide references describing this.
Anything else you want to share? 
If you are open to being contacted in the future regarding updates on this project, opportunities to get involved, and/or your responses to the survey, please include your name and e-mail below:
Voluntary demographic question: How do you identify? (Check all that apply)
How would you describe your gender?
Clear selection
Voluntary demographic question: What state/country are you in?
Voluntary demographic question: How would you describe your race/ethnicity? Select any that apply
Voluntary demographic question: What is your age range?
Clear selection
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