Chapter 16: The Legal System and Mental Health

Question 1

Professional Behaviour

Answer 1

dictated by law

Question 2

Civil Commitment Laws

Answer 2

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

Question 3

Criminal Commitment Laws

Answer 3

detail accusal of committing a crime and detainment in a mental health facility
- evaluations determine fitness to stand trial

Question 4

NGRI

Answer 4

not guilty by reason of insanity
- <1% of criminal cases involve this and most are unsuccessful

Question 5

Patient’s Rights (18+) (3)

Answer 5

• right to treatment (or to refuse treatment)
• treatment must be proven to reduce symptoms and have humane care
• right to least restrictive alternative

Question 6

Research Participant’s Rights (7)

Answer 6

• informed consent
• privacy
• treated w respect/dignity
• protect from harm
• choose or refuse to participate
• anonymity
• safeguarding of records

Question 7

American Psychological Association’s Practice Guidelines

Answer 7

• clinical efficacy axis
• clinical utility axis

Question 8

Clinical Efficacy

Answer 8

is it proven effective in the lab through scientific reasoning?

Question 9

Clinical Utility

Answer 9

how expensive it is, how long will it work, etc; will it be effective in the clinical settings where the interventions will be applied

Question 10

Mental Health Practitioner Guidelines (10)

Answer 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)

Question 11

Types of Practitioners (6)

Answer 11

• M.D.
• PhD
• PsyD
• M.A.
• MSW/LCSW (clinical social worker)
• LMFT (licensed marriage and family therapist)

Question 12

Government Powers (2)

Answer 12

• Parental Power
• Police Power

Question 13

Parental Power

Answer 13

protecting someone when they can no longer protect themself

Question 14

Police Power

Answer 14

if someone is behaving violently, dealing with that; protecting the general public from harm

Question 15

Tarasoff and The Duty to Warn

Answer 15

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)

Question 16

Insanity Defense (4 different sorts)

Answer 16

• M’Naghten Rule
• Durham Rule
• American Law Institute Standard
• GBMI

Question 17

M’Naghten Rule

Answer 17

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

Question 18

Durham Rule

Answer 18

the accused is not criminally responsible if the illegal act is the product of a mental disease/defect

Question 19

American Law Institute Standard

Answer 19

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

Question 20

Diminished capacity

Answer 20

people with mental illness may not have the same ability to understand the nature of their behaviour, and thus lack criminal intent

Question 21

John Hinckley Jr (NGRI)

Answer 21

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)

Question 22

Insanity Reform Act 1984

Answer 22

made NGRI difficult to use successfully in court

Question 23

GBMI

Answer 23

guilty but mentally ill
- adopted by many states
- some sentences are harsher than regular prison sentences

Question 24

Therapeutic Jurisprudence

Answer 24

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