One procedural protection that has not generally made the transition
from the criminal justice system to involuntary civil commitment is the
Fifth Amendment protection against self-incrimination. The authors present
the results of a study of the implementation of the right to remain silent,
which demonstrate that warning patients that anything they say may be used
against them in the commitment hearing has little impact on their
willingness to talk to staff or to cooperate with treatment. The authors
discuss the possible reasons for their findings.