Ch. 16 mental health and law Flashcards
goals of imprisonment
rehabilitation
deterrence (send a message)
incapacitation (society is safer with this person locked up)
retribution (I want you to suffer)
mens rea
guilty mind or intention of guilt
insanity defense
a person is so mentally incapacitated that they did not have mens rea when they committed the act
McNaughten rule
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
irresistible impluse
at the time of the crime they could not resist committing it
Durham rule
the crime was a product of a mental disease or defect
American legal institute rule
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
insanity defense reform act
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
Amount of felony cases that plead NGRI
amount that are sucessful
1%, 26%
guilty but mentally ill
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
incompetent to stand trial
people who do not know what is happening to them in a courtroom and who cannot participate in their own defense
competent to stand trial
trial continues
incompetent and restorable
patient sent to correctional health services restoration to competency program for treatment
incompetent and not restorable
charges are dropped. However, the person may meet the criteria for civil commitment
criteria for involuntary commitment in AZ
-danger to self
danger to others
-persistently or acutely disabled
-gravely disabled
cannot be due to drug or alc abuse
civil commitment process
-72 hr emergency hospitalization and observation
-2 independent psychiatrists evaluate patient
-public hearing before a judge (must have clear and convincing evidence 66%)
3 outcomes of civil commitment process
-released
-offered treatment, changed to voluntary status
-petitioned to receive court-ordered treatment
emergency commitment
-patient is a danger to themselves or others and needs temporary commitment and medication
-2 mental health professionals must agree
-often 3 day limit
what percent of people with a mental disorder are non-violent
90%
percent of violent acts committed by someone with a mental disoder
5%
criticisms of civil commitment
-assessing “dangerousness”
-legal definitions of dangerousness and mentally ill are vague
-is it too controlling
-is it effective
right to treatment
right to receive adequate treatment
right to refuse treatment
legal right to refuse certain forms of treatment like psychosurgery
right to aftercare and community rescidence
ex:grouphomes
