In Re Baker

324 N.W.2d 91, 117 Mich. App. 591
CourtMichigan Court of Appeals
DecidedJuly 12, 1982
DocketDocket 51790
StatusPublished
Cited by8 cases

This text of 324 N.W.2d 91 (In Re Baker) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Baker, 324 N.W.2d 91, 117 Mich. App. 591 (Mich. Ct. App. 1982).

Opinions

T. M. Burns, P. J.

Respondent appeals, by leave granted pursuant to an order of this Court on January 6, 1981, an order of the Wayne County Circuit Court that affirmed a July 13, 1978, order of the Wayne County Probate Court committing respondent to a mental hospital.

According to the stipulated statement of facts, respondent Baker was called to testify at his July 12 and 13, 1978, commitment hearing over the objections of his counsel. Upon the stand, respondent was questioned by the trial judge, over his counsel’s objections, pertaining to issues raised in the commitment proceeding. None of the questions asked by the trial judge concerned matters that would have tended to subject respondent to criminal penalties.

At the close of the commitment hearing, respondent was committed by the trial judge to a state psychiatric facility for up to 60 days. In affirming [593]*593the decision and order of the probate judge, the Wayne County Circuit Court ruled that a person subject to a civil commitment case does not have the right to refuse to testify or answer questions that would not tend to subject him to possible criminal penalties. On appeal, respondent raises only a single issue: Did the trial judge violate his rights under the Due Process Clause and the Fifth Amendment by calling him to the stand and, over his objections, forcing him to testify against himself in a proceeding instituted for the purpose of having him committed to a mental facility?

The Fifth Amendment to the United States Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself’. However, the scope of the privilege against self-incrimination is somewhat more comprehensive. As the concurring opinion of Justice White in Murphy v Waterfront Comm of New York Harbor, 378 US 52, 94; 84 S Ct 1594; 12 L Ed 2d 678 (1964), notes:

"The privilege can be claimed in any proceeding, be it criminal or civil, administrative or judicial, investigatory or adjudicatory, * * * it protects any disclosures which the witness may reasonably apprehend could be used in a criminal prosecution or which could lead to other evidence that might be so used.” (Emphasis added; footnote omitted.)

Traditionally then, the privilege was restricted to instances that might lead to criminal proceedings. In In re Gault, 387 US 1; 87 S Ct 1428; 18 L Ed 2d 527 (1967), the Supreme Court examined the due process rights of juveniles charged with being delinquent. It was argued in that case that the privilege against self-incrimination should not apply because juvenile proceedings were civil and not [594]*594criminal in nature. The Supreme Court rejected this argument:

"However, it is also clear that the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites.” 387 US 49.

The Court also opined that although juvenile proceedings were not labeled "criminal”, the results were the same and determinations of delinquency could lead to commitment in a state institution and in some states the same institution in which adult criminals were kept:

"For this purpose, at least, commitment is a deprivation of liberty. It is incarceration against one’s will, whether it is called 'criminal’ or 'civil’. And our Constitution guarantees that no person shall be 'compelled’ to be a witness against himself when he is threatened with deprivation of his liberty — a command which this Court has broadly applied and generously implemented in accordance with the teaching of the history of the privilege and its great office and mankind’s battle for freedom.” 387 US 50. (Footnote omitted.)

Finally, the Court cogently noted that there was no assurance that an apprehended juvenile would remain outside of the reach of adult courts as a consequence of the offense for which he was taken into custody.

In cases that it has decided subsequent to Gault, the Supreme Court clearly has indicated that it has not obliterated all distinctions between "civil” and "criminal” proceedings for purposes of due process application. In particular, the Supreme Court held that the quantum of proof needed to commit an individual involuntarily to a state men[595]*595tal hospital need not equal the criminal standard of beyond a reasonable doubt. Addington v Texas, 441 US 418; 99 S Ct 1804; 60 L Ed 2d 323 (1979). We note, however, that the Court also rejected the generally applied civil standard of proof, that of a preponderance of the evidence, and settled on a middle ground of "clear and convincing evidence” as appropriate for civil commitment proceedings.

Significant for our purposes here are the reasons articulated by the Supreme Court in Addington for the different standards of proof called for in criminal proceedings as opposed to civil commitment hearings. The Court found that, unlike juvenile delinquency proceedings, "[i]n a civil commitment state power is not exercised in a punitive sense. * * * [A] civil commitment proceeding can in no sense be equated to a civil prosecution”. 441 US 428. The Court further enunciated three other distinctions between civil commitment proceedings and criminal proceedings: (1) the risk of erroneous commitment is minimized because of the layers of professional review and concern of family and friends, (2) the release of a genuinely mentally ill person is worse for the individual than failure to convict the guilty, and (3) unlike the inquiry in criminal proceedings, i.e., did the accused commit the criminal act, the inquiry and commitment proceeding are based in large part on psychiatric diagnosis.

Although the United States Supreme Court had an opportunity to address the question of whether an involuntarily committed psychiatric patient had a Fifth Amendment right to refuse to give information to psychiatrists who were participating in his commitment proceeding, it did not do so. McNeil v Director, Patuxent Institution, 407 US 245; 92 S Ct 2083; 32 L Ed 2d 719 (1972). Justice [596]*596Douglas, however, in his concurring opinion in that case held that the Fifth Amendment’s privilege against self-incrimination was applicable to commitment proceedings even though they are nominally labeled "civil” proceedings. 407 US 257.

The law of forums whose jurisdiction and persuasive effect is less than that of the Supreme Court more particularly aids us here. In general, those courts that have addressed the question before us have found that an individual does not have the right to refuse to testify at his or her civil commitment proceeding because the Fifth Amendment privilege against self-incrimination does not apply at such hearings. People v Taylor, 618 P2d 1127, 1136 (Colo, 1980), People v Keith, 38 Ill 2d 405; 231 NE2d 387 (1967), In re Field, 120 NH 206; 412 A2d 1032 (1980), State v Matthews, 46 Or App 757; 613 P2d 88 (1980), McGuffin v State, 571 SW2d 56 (Tex Civ App, 1978). However, in a minority of jurisdictions, the Fifth Amendment privilege against self-incrimination has been applied in the context of civil commitment proceedings, Tyars v Finner, 518 F Supp 502 (CD Cal, 1981), Suzuki v Quisenberry, 411 F Supp 1113 (D Hawaii, 1976), modified sub nom Suzuki v Yuen, 617 F2d 173 (CA 9, 1980), Lessard v Schmidt,

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In Re Baker
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Bluebook (online)
324 N.W.2d 91, 117 Mich. App. 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-baker-michctapp-1982.