Did Mary Lincoln need committal?

[Liz Rosenthal]

I seem to recall, from reading Jean Baker's biography of MTL, that Mary did have counsel, but that it was pro forma and that no real defense was proffered.

I also remember from the same book that Elizabeth Edwards wrote to Robert when all this was going on and told him he was wrong for doing what he did and that he should have sought an alternative, such as letting Mary live under the care or supervision of the Edwardses. The letter is also supposed to have referred to another member of the Edwards family, who had some sort of nervous condition that prevented her from living a normal life in society, as being cared for by the family rather than committed to an institution.

Now, that isn't to say that all families can take in a crazy relative - whether in 1875 or now. Depending on the family's circumstances and the condition of the patient, caring for him/her could simply be impossible. But in the case of MTL, there apparently were alternatives to commitment that Robert did not care to explore.

In my opinion, Robert was cold-hearted.

A lot of people may not realize that psychiatry was not then much of a science. Plus, the standard for commitment would have been whatever the law provided. But even beyond that, if the patient has no opportunity to present his/her side of the case, whether the standard has even been met in the course of the trial or commitment proceeding is highly questionable.

Nowadays, things are better, but very often the patient's liberty interests are poorly protected. In NJ, for example, the commitment law, on paper, seems pro-patient, but in operation, it isn't so much. My husband is an attorney for the State Division of Mental Health Advocacy - where he has worked for over two decades. Any patient without means whose only option would be a county or state hospital is fortunate to be represented by him or one of his colleagues. Unfortunately, due to a lack of political will on the part of legislators and governors, my husband's division has been chronically under-funded and is only able to provide services for certain parts of the state. A patient without means who doesn't have the services of Stan's office may be left with perfunctory representation by county counsel or a pro bono attorney who knows nothing of mental health law. Then you have the problem of judges who, without the advocacy of someone like Stan, will be too apt to disregard the statutory commitment standard! And even if Stan or one of his colleagues is there, the judge may prove stubborn, disregarding things that ought to be considered and considering things that ought to be disregarded, in which case the matter may go up on appeal. When the appellate court finally hears the case, however, the patient has already been confined for an inordinate amount of time. In other instances, the patient's case may be a moot point, if he/she has since been released, even if the patient had been illegally and involuntarily committed for a particular duration.

So even in 2013, in a state like New Jersey, mental patients face many challenges to their liberty interests and, ultimately, their well-being. It was exponentially worse in Mary Lincoln's time.

(08-26-2013 08:35 PM)Anita Wrote:  ...
Did Mary have legal counsel? Was it proved that she was a danger to the community?

Did Robert ask the Edwards if they could care for Mary before he resorted to having her committed?

...

But that's what I like to think I would have done. Robert did the best he could given the times, circumstances and who he was.

...