Ch. 16 mental health and law

Question 1

goals of imprisonment

Answer 1

rehabilitation
deterrence (send a message)
incapacitation (society is safer with this person locked up)
retribution (I want you to suffer)

Question 2

mens rea

Answer 2

guilty mind or intention of guilt

Question 3

insanity defense

Answer 3

a person is so mentally incapacitated that they did not have mens rea when they committed the act

Question 4

McNaughten rule

Answer 4

at the time of the crime the individual was so affected by a disease of the mind that they did not know what they were doing or that it was wrong

Question 5

irresistible impluse

Answer 5

at the time of the crime they could not resist committing it

Question 6

Durham rule

Answer 6

the crime was a product of a mental disease or defect

Question 7

American legal institute rule

Answer 7

at the time of the crime as a result of a mental disease or defect the person was able to either: know their behavior was wrong or control their actions

Question 8

insanity defense reform act

Answer 8

at the time of the crime as a result of a mental disease or intellectual disability, the person did not know their behavior was wrong
-used by the federal government

Question 9

Amount of felony cases that plead NGRI
amount that are sucessful

Answer 9

1%, 26%

Question 10

guilty but mentally ill

Answer 10

AZ uses
defendants are incarcerated for the normal term for their crime, but their mental illness is recognized
-does not guarantee defendant receives mental treatment

Question 11

incompetent to stand trial

Answer 11

people who do not know what is happening to them in a courtroom and who cannot participate in their own defense

Question 12

competent to stand trial

Answer 12

trial continues

Question 13

incompetent and restorable

Answer 13

patient sent to correctional health services restoration to competency program for treatment

Question 14

incompetent and not restorable

Answer 14

charges are dropped. However, the person may meet the criteria for civil commitment

Question 15

criteria for involuntary commitment in AZ

Answer 15

-danger to self
danger to others
-persistently or acutely disabled
-gravely disabled
cannot be due to drug or alc abuse

Question 16

civil commitment process

Answer 16

-72 hr emergency hospitalization and observation
-2 independent psychiatrists evaluate patient
-public hearing before a judge (must have clear and convincing evidence 66%)

Question 17

3 outcomes of civil commitment process

Answer 17

-released
-offered treatment, changed to voluntary status
-petitioned to receive court-ordered treatment

Question 18

emergency commitment

Answer 18

-patient is a danger to themselves or others and needs temporary commitment and medication
-2 mental health professionals must agree
-often 3 day limit

Question 19

what percent of people with a mental disorder are non-violent

Answer 19

90%

Question 20

percent of violent acts committed by someone with a mental disoder

Answer 20

5%

Question 21

criticisms of civil commitment

Answer 21

-assessing “dangerousness”
-legal definitions of dangerousness and mentally ill are vague
-is it too controlling
-is it effective

Question 22

right to treatment

Answer 22

right to receive adequate treatment

Question 23

right to refuse treatment

Answer 23

legal right to refuse certain forms of treatment like psychosurgery

Question 24

right to aftercare and community rescidence

Answer 24

ex:grouphomes

Question 25

right to least restrictive environment

Answer 25

outpatient, combination