Due process does not require a right to jury trial but a right to a neutral decision maker. However, history showed that mental courts were abused to put political prisoners in jail in countries such as China and Russia. How can we guarantee a judge to be a neutral decision maker in such cases?
Also, we never confined anyone indefinitely in a fixed space for such long time with no trial by jury. So confinement + risk of no neutral decision-maker = 14th amendment right to a jury trial in mental health cases?
What do you all think?