Chapter 13 Legal and ethical issues QUIZ 1

Question 1

civil commitment

Answer 1

used in a general sense to refer to the involuntary detention, treatment and care of a person who has, or is reasonably suspected of having, a mental illness and who is considered to be a risk to themselves or others

Question 2

confidentiality

Answer 2

a principle observed by lawyers, doctors, pastors, psychologists and psychiatrists that dictates that the contents of a professional and private relationship not be divulged to anyone else

Question 3

criminal commitment

Answer 3

a term used in this chapter to describe, in a general sense, the procedure by which a court detains a person involuntarily in a mental health facility or forensic hospital based on the person’s unfitness for trial or unsoundness of mind

Question 4

diminished responsibility

Answer 4

abnormality of mind that is found to substantially impair one or more capacities in the insanity defence

Question 5

fitness to stand trial

Answer 5

whether an accused has sufficient mental or intellectual capacity to understand the proceedings and to make an adequate defence

Question 6

forensic orders

Answer 6

made by the Court if, because of the person’s mental condition, it considers it necessary to protect the safety of the community from the risk of serious harm to other persons or property

Question 7

information notice

Answer 7

relates to a patient of an authorised mental health service who is subject to a forensic order or treatment support order. It may contain information that is considered relevant to the safety of victims such as when a forensic patient is granted community leave

Question 8

informed consent

Answer 8

the agreement of a person to serve as a research participant or to enter therapy after being told the possible outcomes, both benefits and risks

Question 9

insanity defence

Answer 9

the defence that a disordered mind cannot be a guilty mind and only a guilty mind can engender culpable actions; has three capacities: whether the person knew the nature and quality of the conduct; or that the conduct was wrong; or whether the person was able to control their actions

Question 10

involuntary detention

Answer 10

detention that can involve deprivation of a person’s liberty, their compulsory treatment (medication) and placement in a mental health service or other authorised place (public hospital)

Question 11

least restrictive alternative

Answer 11

to be provided when treating people with psychological disorders and protecting them from harming themselves and others. In general terms, mental health professionals have to provide the treatment that restricts the person’s liberty to the least possible degree while remaining workable

Question 12

Mental Health Review Tribunal

Answer 12

a specialist body that reviews the involuntary detention and treatment of patients

Question 13

mental impairment

.

Answer 13

in some states and jurisdictions, this is the successor to the insanity defence

Question 14

M’Naghten rule

Answer 14

• formulated in the aftermath of a murder trial in England in 1843,
• has since been typically presented to juries as the standard used to determine whether an accused person, who raises the insanity defence,
• knew the difference between right and wrong at the time of doing the unlawful act

Question 15

treatment support order

Answer 15

an order made if the Court considers a person poses a serious risk of harm to others or their property and needs treatment and care for a mental illness

Question 16

unsound mind

Answer 16

a state of mental disease of natural mental infirmity as described in s27 of the Criminal Code

Question 17

victim impact statement

Answer 17

a statement that may be prepared by a victim or a close relative of a victim (e.g., spouses, siblings, children, parents and extended family members) and given to the prosecuting authority to present to the Mental Health Court when it is determining a person’s soundness of mind or fitness to stand trial (s162). Alternatively, a victim impact statement can be presented to the Mental Health Tribunal on review of a forensic order or treatment support order (s742)