Mitrice's situation reflects basic mental health rights in this country that hold "freedom of choice" outweighs "protection from potential harm". An adult person person can only be legally held in detention against their will for mental evaluation in most cases if
They are a harm to others. The legal standard is very high here. Convicted murderers and rapists are not held against their will for "mental unfitness" after release despite a proven propensity to butcher and kill others. Mitrice had not been making realistic threats or done any actual harm to others or even the property of another. A vague reference to "avenging Michael Jackson's death" would never hold up to legal scrutiny in this case. It was a blanket statement; not a targeted threat against a known individual.
They are a harm to themselves. The legal standard involves police knowing of a plan, threat, means, of doing injury to oneself. I have not read any report that mentions any of these circumstances in Mitrice's case.
The mentally ill in this country are allowed freedom of choice and freedom of movement, even when it appears against their best interest to others in the community. A mentally ill person can receive a disability check from the government or possess ample assets that would allow them to obtain permanent housing and food. However, it is perfectly legal for them to take their money and make paper airplanes out of it and sleep in the streets half starving.
If a citizen can't be required even to have a stable, safe residence to live in, how can we expect some cop to take one look at an obviously troubled, confused, adult woman and legally hold her against her will......when that officer doesn't even have a witness statement to write up credibly implying Mitrice was going to hurt herself or someone else?
Her family made vague statements that Mitrice was "not herself" or something along those lines to authorities. People at the restaurants clearly stated Mitrice was acting strangely. However, I have never heard her parents or anyone else even imply that they knew or suspected or stated to the authorities that she was a real, imminent threat to herself or anyone else.
After the fact, we seem to be upset that Mitrice was not protected from making foolish decisions and harming herself or placing herself in harm. The courts have ruled strongly, repeatedly, and unequivocally that law enforcement has to meet clear, objective standards before they take it upon themselves to detain us against their will and deprive us of our liberty even if the officer knows a citizen is acting "weird" "odd" "stupid" or clearly against self interest.