Chapter 16 - Legal and Ethical Issues Flashcards
What is Confidentiality in psychology?
An ethical requirement — professionals must not disclose any information about a patient (even whether they are a patient) unless legally required.
What is Privileged Communication?
A legal term — confidential information that is protected from being disclosed in legal proceedings.
What is Informed Consent?
Participants must fully understand what they are agreeing to before giving permission — ensures ethical research and treatment.
What is Insanity in psychology and law?
A legal term (not used in the DSM-5) — refers to whether a person was mentally sound enough to be criminally responsible at the time of the crime.
What does criminally responsible mean?
It means the crime was the result of both:
an action (or attempt), and
the intention to commit the crime.
What does the M’Naghten Test (1843) determine in legal cases of insanity?
It tests whether the defendant, at the time of the crime:
Knew what they were doing, and
Knew it was wrong.
If they did not, it must be due to a “defect of reason from disease of the mind”.
What does Competency to Stand Trial mean?
It refers to a defendant’s mental state before and during trial that allows them to:
Understand the proceedings.
Understand the facts and legal options.
Consult with a lawyer.
Assist in building their defense.
What is Dangerousness and how is it evaluated?
A legal term for someone’s potential to harm themselves or others.
Broken down into 4 parts:
Severity — How serious the harm could be.
Imminence — How soon harm might happen.
Frequency — How often the risk shows up.
Probability — How likely harm is to occur.
If judged dangerous, a person may stay in prison or hospital — even if they haven’t acted yet — if harm risk is imminent.
What real-life case led to the creation of the Tarasoff Rule?
A University of California student confided to a psychologist that he planned to harm Tatiana Tarasoff, a woman who rejected him.
Although the psychologist warned authorities, the student was released and later murdered Tarasoff.
This tragic event led to the creation of the Tarasoff Rule to prevent similar situations.
What is the Tarasoff Rule in mental health care?
Mental health professionals have a duty to protect if a patient poses a serious threat to someone.
They must:
- Warn the potential victim (or someone who can).
- Notify law enforcement.
- Take reasonable protective steps, like hospitalization.
This rule overrides confidentiality to prevent harm.
What is Criminal Commitment in mental health law?
Criminal commitment is involuntary commitment to a mental health facility for someone charged with a crime.
Before trial: to assess or restore competency to stand trial.
After trial: if acquitted by reason of insanity.
What is Civil Commitment in mental health law?
Civil commitment is involuntary hospitalization when a person hasn’t committed a crime but is at high risk of harming themselves or others.
Can involve inpatient (24-hour care) or outpatient (monitored treatment).
A person’s right to refuse medication can be overridden.
What is the Right to Refuse Treatment for someone who is civically committed?
People who are civically committed usually have the right to refuse medications or treatments, especially those with adverse side effects like tardive dyskinesia (involuntary muscle spasms).
When can a civically committed person’s Right to Refuse Treatment be overridden?
The right to refuse treatment can be overridden if:
The patient is physically threatening to others.
The proposed treatment has small risk of irreversible side effects.
No less restrictive treatments are available.
The patient has severely diminished capacity to decide rationally about treatment.
What is Tardive Dyskinesia?
Tardive dyskinesia is an involuntary muscle spasm that can occur as a side effect of antipsychotic medications, which is one reason why people may refuse treatment.
What is required before a patient’s Right to Refuse Treatment can be overridden?
A fair and adequate hearing must take place before a patient’s right to refuse treatment can be overridden.
What is the goal of Mandated Outpatient Commitment?
The goal is to develop less restrictive alternatives to inpatient care, offering treatment while avoiding the cycle of hospitalization and rehospitalization.
What does Mandated Outpatient Commitment include?
It includes legally mandated treatment such as:
Medication
Psychotherapy
Periodic monitoring by a mental health clinician
What problem does Mandated Outpatient Commitment aim to prevent?
It aims to prevent the cycle of getting discharged, stopping medication, becoming dangerous, and ending up back in jail or the hospital.
What were the findings from the study on court-ordered outpatient treatment?
Patients who were court-ordered to outpatient treatment:
Had a decreased need for hospitalization and stayed for shorter periods.
Were less violent.
Were less likely to be victims of crimes.
Were more likely to take medication or obtain treatment even after the mandated treatment ended.
