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If someone has been adjudicated as a mental defective or has been committed to any mental institution, but has subsequently received treatment and can demonstrate, by a preponderance of evidence, that he/she no longer poses a heightened risk of being a danger to self or others, should his/her civil rights be restored?


My understanding is unless it's a rare case where a physical cause for mental disturbance is known and the cause is removed (metal poisoning or something), it's not possible to prove a mental illness has ended.  In other words, mental illness is forever.  Now, law is a separate system, so I don't know how that works.





Can you prove a mental illness ever existed in the first place either?


I can't.  A licenced psychologist can by virtue of their authority.


If a licensed psychologist can prove someone has one, why can't they prove it ended?


True.  So if they don't it's not that they can't, since they are authorities and may do whatever is their pleasure in their domain, it's more a standard.  In the Rosenhan experiment where people briefly feigned illness, the best psychologists could do was say the disease was in remission.  All the fake patients were eventually released, showing release is probable following remission.


I think there's a lot of room to question restricting people's rights based solely on their mental health, as opposed to anything they've done, on the face of it, honestly.

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