CH 14 Mental health services legal and ethical issues

Question 1

Civil commitment laws

Answer 1

–Legal declaration of mental illness
–When can a person be placed in a hospital for treatment?
–Such laws and definitions of mental illness vary by state

Question 2

General criteria for civil commitment

Answer 2

–Person has a mental illness and needs treatment
–Person is dangerous to self or others
–Grave disability
– inability to care for self

Question 3

Governmental authority over civil commitment

Answer 3

–Police power
– health, welfare, and safety of society
–Parens patriae
–state acts a surrogate parent (e.g., a person receives care to prevent them from being in danger)

Question 4

Initial stages of civil commitment

Answer 4

–Person fails to seek help
–Others feel that help is needed
–Petition is made to a judge on the behalf of the
person
–Individual must be notified of the commitment process

Question 5

Nature of criminal commitment

Answer 5

–Accused of committing a crime
–Detainment in a mental health facility for evaluation
–Focus on fitness to stand trial –Found guilty or not guilty by reason of insanity

Question 6

Nature of the insanity defense plea – a legal statement

Answer 6

–Accused of not guilty because of insanity at time of crime
–Defendant sent to a treatment facility rather than prison
–Diagnosis of a disorder is not the same as insanity
–Frequently portrayed in popular media but actually very rare

Question 7

Definitions of insanity

Answer 7

–M’Naghten rule – insanity defense originated here
•Inability to distinguish right from wrong
–Durham rule – more inclusive definition
•Crime was the “product” of a mental illness
–American Law Institute standard
•Knowledge of right vs. wrong
•Self-control
•Diminished capacity

Question 8

Therapeutic Jurisprudence

Answer 8

–Using knowledge of behavior change to help those in trouble with the law
•“Problem solving” courts
–Address unique needs of people with specific problems
–Examples include delayed sentencing under the condition the individual holds a job for six months

Question 9

Determination of Competence to Stand Trial

Answer 9

Requirements for competence
–Understanding of legal charges
–Ability to assist in one’s own defense
–Essential for trial or legal processes
–Burden of proof is on the defense
•Consequences of a determination of incompetence
–Loss of decision
-making authority
–Results in commitment, but with limitations

Question 10

Patients rights

Answer 10

–Cannot be involuntarily committed without treatment
–Treatment
– reduce symptoms and humane care
•The right to the least restrictive alternative
The right to refuse treatment
–Often in cases involving medical or drug treatment
–Persons cannot be forced to become competent for trialq

Question 11

Research participant rights

Answer 11

The right to be informed about the research
–Involves informed consent, not simply consent
alone
•The right to privacy •Right to be treated with respect and dignity
•Right to be protected from physical and mental harm
•Right to choose or to refuse to participate in research
•Right to anonymity in report of study findings
•Right to safeguarding of records