Kirsgirl: "If there is a smidgen of doubt, kee the patient there. Err on the side of safety for us citizens!"

The lawyers say differently. There must be "clear and convincing evidence" of dangerousness to confine a mentally ill person in a hospital. This burden tilts toward immediate release 75% to 25%. It's not even 50-50. And there are full-on hearings with surprisingly dedicated piblic defenders. Also, hospitals have wide discretion for how they document and testify about risks, making it easy to get a judge to order release. Then they all have immunity from liability. Isn't that nice and tidy? Let freedom ring!

The criminal process differs in that cases are rarely argued, overworked PD's encourage their many difficult MI defendants to just plead guilty. They are held in jail pending sentencing. For felonies they may go back to jail or prison, and don't usually get early release. They're turned loose when they max out, no matter their dangerousness. The lawyers keep us so so safe.