Chapter 16: The Legal System and Mental Health Flashcards
Professional Behaviour
dictated by law
Civil Commitment Laws
detail when a person can be legally declared to have a mental illness and be placed in a hospital for treatment
- person must have a mental illness and can no longer take care of themself
- varies by state
- late 19th century
Criminal Commitment Laws
detail accusal of committing a crime and detainment in a mental health facility
- evaluations determine fitness to stand trial
NGRI
not guilty by reason of insanity
- <1% of criminal cases involve this and most are unsuccessful
Patient’s Rights (18+) (3)
- right to treatment (or to refuse treatment)
- treatment must be proven to reduce symptoms and have humane care
- right to least restrictive alternative
Research Participant’s Rights (7)
- informed consent
- privacy
- treated w respect/dignity
- protect from harm
- choose or refuse to participate
- anonymity
- safeguarding of records
American Psychological Association’s Practice Guidelines
- clinical efficacy axis
- clinical utility axis
Clinical Efficacy
is it proven effective in the lab through scientific reasoning?
Clinical Utility
how expensive it is, how long will it work, etc; will it be effective in the clinical settings where the interventions will be applied
Mental Health Practitioner Guidelines (10)
- informed consent
- confidentiality
- competency
- no gifts!
- self-disclosure not encouraged
- abandonment
- not sharing social media
- multiple relationships to the patient aren’t alllowed
- romantic and sexual relationships
- bartering (usually over the line)
Types of Practitioners (6)
- M.D.
- PhD
- PsyD
- M.A.
- MSW/LCSW (clinical social worker)
- LMFT (licensed marriage and family therapist)
Government Powers (2)
- Parental Power
- Police Power
Parental Power
protecting someone when they can no longer protect themself
Police Power
if someone is behaving violently, dealing with that; protecting the general public from harm
Tarasoff and The Duty to Warn
she wasn’t warned when a therapist’s client said that they were going to do serious harm to her and she was found dead
- if there is an imminent and specific threat, the potential victim should be warned (breach of confidentiality)
Insanity Defense (4 different sorts)
- M’Naghten Rule
- Durham Rule
- American Law Institute Standard
- GBMI
M’Naghten Rule
1843; if someone doesn’t know what they are doing or doesn’t know what they are doing is wrong, they cannot be charged with a crime
Durham Rule
the accused is not criminally responsible if the illegal act is the product of a mental disease/defect
American Law Institute Standard
the person must be unable to distinguish between right and wrong and/or is incapable of self-control
- functions on the premise of diminished capacity
Diminished capacity
people with mental illness may not have the same ability to understand the nature of their behaviour, and thus lack criminal intent
John Hinckley Jr (NGRI)
was acquitted on the ALI standards after shooting the president, the press secretary, and a Secret Service officer (he said he wanted to impress an actress)
Insanity Reform Act 1984
made NGRI difficult to use successfully in court
GBMI
guilty but mentally ill
- adopted by many states
- some sentences are harsher than regular prison sentences
Therapeutic Jurisprudence
uses what is known about behavioural change to help people steer themselves in the right direction
- uses problem-solving courts instead of sending people directly to jail
