Term
| Mental health is guided by _______ principles and ___________. |
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Definition
| ethical; state/federal laws |
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Term
| What are the 2 perspectives on Mental Health Law? |
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Definition
1. Liberal --> rights of mentally ill dominated (1960-1980)
2. Neo-conservatie --> limit rights of patients (1980-onwards) |
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Term
| What are 4 main issues of mental health and the legal system? |
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Definition
1. Nature of civil vs. criminal commitment
2. Balancing ethical consdierations vs. legal considerations
3. Role of psychologists in legal matters
4. Rights of patient & research subjects |
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Term
| The legal declaration of mental illness. |
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Definition
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Term
| When can a person be placed in a hospital for treatment? |
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Definition
| laws & definitions of metnal illness vary by state |
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Term
| What are the 3 general criteria for civil commitment? |
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Definition
1. Person has a mental illness & needs treatment
2. Person is dangerous to self or others
3. Grave disability (inability to care for self) |
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Term
| What are the 2 types of Government Authorities Over Civil Commitment? |
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Definition
1. Police power--health, walfare, & safety of society
2. Parens patriae--state acts as a surrogate parent |
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Term
| What are the 4 parts of the initial stages of the civil commitment process? |
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Definition
- Person fails to seek help
- Others feel help is needed
- Petition is made to a judge on behalf of the person (anyone can do this)
- Individual msut be notified of the commitment process (can appeal)
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Term
| What are the 2 parts of the subsequent stages of the civil commitment process? |
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Definition
1. Invovle normal legal proceedings (most cases)
2. Judge determines whether or not a person should be committed |
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Term
| The civil commitment process may be skipped if a person is a danger and they can be held for up to ___hrs. |
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Definition
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Term
| Mental illness is a ______ concept. |
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Definition
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Term
| Mental illness is NOT synonymous with a ____________________. |
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Definition
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Term
| Definitions of mental illness vary by _____. |
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Definition
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Term
| Definitions of mental illness often exclude conditions such as _____________ & ____________________. |
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Definition
| mental illness; substance-related disorders |
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Term
| Assessing the dangerousness of a patient is the role of ________________________. |
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Definition
| mental health professionals |
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Term
| Statistically we are not good at predicting whether or not a person is _________. |
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Definition
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Term
| When it comes to assessing dangerousness of a patient what 2 types of patients are often treated differently (biased)? |
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Definition
1. women
2. ethnic minorities |
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Term
| Dangerousness to self or others is central to the __________________. |
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Definition
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Term
| Early supreme court rulings placed restrictions on ___________________. |
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Definition
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Term
| What are 3 characteristics of early supreme court rulings on civil commitment? |
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Definition
1. A non-dangerous person cannot be committed
2. Need for treatment alone is not enough
3. Having a grave disability is insufficient |
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Term
| What are 4 consequences of the early supreme court rulings on civil commitment? |
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Definition
1. Crminilization of the mentally ill
2. Increase in homelessness
3. Deinstitutionalized (large psychiatric hospitals closed)
4. transinstitutionalization (mentally ill to community care) |
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Term
| After the early supreme court rulings, civil commitment criteria were broadened. What 2 criteria were added? |
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Definition
1. For dangerous & non-dangerous persons
2. For persons in need of treatment |
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Term
| After subsequent modifications to the civil commitment criteria, who argued for further reform? |
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Definition
| National Alliance of the Mentally Ill |
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Term
| The nature of criminal commitment includes what 4 things? |
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Definition
- Accused of commiting a crime
- Detainment in metnal health facility for evaluation
- Focus on fitness to stand trial
- Found guilty or not guilty by reason of insanity
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Term
| A legal statement that states the accused is not guilty because of insanity at the time of the crime |
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Definition
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Term
| If a person is found "insane" they are sent to ________________. |
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Definition
| a treatment facility rather than prison |
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Term
| Diagnosis of a disorder is not the same as _______. |
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Definition
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Term
| The insanity defense originated here. The rule says that people are not responsible for their criminal behavior if they do not know what they are doing or do not know what they are doing is wrong. |
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Definition
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Term
| A more inclusive defintion of insanity that included any type of mental disease or defect. |
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Definition
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Term
| What definition of insanity is currently used? |
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Definition
| American Law Institute Standard |
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Term
| The American Law Institute Standard includes what 3 things? |
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Definition
- Knowledge of right and wrong
- Self-control
- Diminished cpacity (peoples ability to understand the nature of their behavior)
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Term
| The public misperception and outrage about the insanity defense originated from the case of who? |
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Definition
John Hinckley Jr. found not guilty by reason of insanity
**In love with Jody Foster
**Wanted to kill JFK to impress her |
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Term
| Outrage at the insanity defense plea caused ___% of states to move to abolish the inanity defense. |
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Definition
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Term
| The public view the insanity defense as a ____________. |
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Definition
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Term
| The insanity defense is used in less than __% of criminal cases. |
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Definition
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Term
| People who get the insanity defense spend more itme in __________ than in ___________. |
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Definition
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Term
| The movement back to M'Naughten-like standards. |
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Definition
| Insanity Defense Reform Act |
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Term
| The charge or defense that allows for treatment and punishment. |
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Definition
| Guilty but mentally ill (GBMI) |
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Term
| Using knowledge of behavior change to help those in trouble with the law |
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Definition
| Therapeutic Jurisprudence |
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Term
| Courts that address unique needs of people with specific problems. Examples include delayed sentencing under the condition that the individual holds a job for 6 months. |
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Definition
"Problem Solving" Courts
**encourages the engagement in better behavior |
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Term
| What are the 2 requirements for competence to stand trial? |
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Definition
- Understanding of legal charges
- Ability to assist in one's own defense
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Term
| What is essential for trial or legal processes? |
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Definition
| competence to stand trial |
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Term
| Burden of proof of competence is on the ________. |
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Definition
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Term
| What are the 2 consequences of a determination of incompetence? |
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Definition
- loss of decision-making authority
- results in commitment, but with limitations (time limit)
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Term
| A person with specialized knowledge and expertise, that assists in competency determinations, making reliable DSM diagnoses, advising the court, and assessing malingering |
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Definition
| The Expert Witness: Psychologist |
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Term
| What are the 7 research participant rights? |
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Definition
1. Right to be informed about the research (informed consent)
2. Right to privacy
3. Right to be treated w/ respect & dignity
4. Right to be protected form physical & mental harm
5. Right to chose/refuse to particpate in research
6. Right to anonymity in report of study findings
7. Right to safeguarding records
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Term
| What are the 4 rights of the patient? |
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Definition
1. Right to treatment
-can't be committed involuntarily without treatment
-treatment to reduce symptoms & humane care
2. Right to the Least restrictive alternative
-least confining setting
3. Right to refuse treatment (medication)
-persons cannot be forced to become competent for trial
4. Right to confidentiality vs duty to warn
-Tarasoff and the duty to warn limits on confidentiality
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