16: Mental Health and the Law Flashcards
Civil Justice System addresses…
Resolutions of disputes b/w individuals or organization regarding rights or duties
Criminal Justice System addresses…
Punishments for violating rules set by a state legislature or Congress
Defenses in the Criminal Justice System include…
- Competency to stand trial
- Insanity defense
Involuntary civil commitment can be evoked if…(2)
- the person is a danger to self or others
- the affliction causes grave disability
Danger to Self in NC (3)
- Cannot care for self and is likely to suffer serious physical debilitation in near future OR
- Attempted, threatened, or likely suicide OR
- Attempted, threatened, or likely self-mutilation
Involuntary commitment is a balance between
Autonomy and beneficence
Recent trends in involuntary commitment
- Mandatory outpatient commitment
- Civil commitment of sex offenders
Confidentiality can be broken by…
Duty to warn
Competency to Stand Trial depends on…
- Understanding of the charges
- Ability to participate in their own defense
Less than __ % of defendants found incompetent
1
The person should not be held criminally responsible if they did not know it was wrong
M’Naghten Rule
The person was driven by an irresistible impulse
Irresistible Impulse Rule
The crime was a product of mental disease
Durham Rule (typically not accepted)
Grave disability is…
being so incapacitated that one is not able to provide for their basic needs
The person could not appreciate the wrongfulness of the crime
ALI Rule