chapter 18 Flashcards
what does the charter of rights and freedom allow?
for people to be removed from society if act in ways that infringes on the rights of others
what’re the rights if mentally ill people covered under?
provisions for the rights of disabled people
what is critical commitment?
procedure that may confine person in mental institution
what is civil commitment under?
provincial law
what is civil commitment?
procedure which mentally ill may not have broken law can be deprived of liberty and incarcerated in psychiatric hospital
has much of Canadian law derived from English common law?
yes but Quebec
what is criminal law a matter of?
federal statute
is criminal law the sam in every province?
yes
can health law differ from province to province?
yes because it is provincial
when was insane defence successful?
when applied to severely disordered individuals
what happened to people hey were found to be insane?
typically detained for long periods of time that exceeded typical sentence for crime
when was the M’Naghten rule made?
made aftermath of 1843 murder trial in england
what did Daniel M’Naghten do?
tried to kill British prime minister Sir Robert Peel
was instructed by “voice of god”
what were the changes with Bill C-30 (1992)?
“not guilt by reason of insanity” altered to “bot primally responsible on account of mental disorder”(NCRMD)
what was the NCRMD previously known as?
the insanity defense
what does the NCRMD legal argument?
defendant should not be held responsible for an otherwise illegal act if attributable to mental illness that interferes with rationality (not knowing right from wrong)
what is Actus reus?
the illegal act
what is Mens rea?
the guilty mind
what was the criminal commitment in 1997 with Zachary Antidormi stabbed to death by Lucia Piovesan?
lucia has schizophrenia
believed Zachary (2.5 years old) was reincarnated soul of her son who dies of aids
her remains found NCMR and remians I forensic psychiatric hospital in london
what is Neurolaw?
introduction of neuroscientific data into legal system
what was Neurolaw mainly geared to?
reducing severity of sentences rather then establishing innocence
what is the primary argument for neurolaw?
accused suffers from some form of brain dysfunction and related to processing deficits
what is fitness to stand trial?
physically and mentally present
it is possible for person to be judged competent to stand trial and yet NCTMD
person can be committed to a psychiatric hospital against their will if a judgment made that person is:
- mentally ill and
- danger to self or
- a danger to others
what are the 2 categories for commitment?
formal commitment
informal commitment
what is formal commitment?
by order of a court
person has right to object
covered by provincial legislation, permits an ex party hearing
permits a justice of people to have individual held against their will for period of time for purpose of assessment only
what is informal commitment?
emergency commitment of mentally ill persons can be accomplished without involving courts
civil commitment affects far more people than criminal commitment
what is community treatment orders?
stipulates individual will be released into community onlybif they adheres to recommended treatments
why is community treatment controversial?
condition of release essentially forces people to be treated regardless of their wishes
when was mandatory out patient treatment in form of community treatment orders called for?
when people suffer form persistent defects in insight
can the provinces differ in the specific community treatment orders details?
yes
what’s the widespread societal perceptions that mentally ill people have?
account for significant proportion of violence that besets contemporary society
what is the relative contribution of mental illness to the overall rate of violence in society?
quite small
what is the percent of violence in the US linked clearly to mental illness?
about 3%
what is the percent of people diagnosed as psychotic are not violent?
90%
what do large community based studies indicate about mental illness and violence?
mental disorders do increase violence risk when they co occur With substance abuse
what is a prediction of dangerousness?
central to civil commitment
contemporary approaches focused on on assessment of risk rather then prediction of dangerousness
is dangerousness easily predicted?
professionals overestimate the incidence of violence when institutionalized were released
mental health professionals poor at making judgment through clinical means alone
what is the purpose of VRAG?
actuarial assessment of risk; using statistical models to predict likelihood of violence
what does VRAG involve?
use of statistical formulae composed of factors that significant predictors of dangerousness
how are the factors of VRAG weighed?
statistically by their importance, based on outcomes of previous studies
what is the Hare psychopathy checklist revised and psychopathy?
predicts recidivism violence and response to therapy
20 team scale, max score = 40
review and obtain info from others who know person
10-15% almost psychopathic
surface charm
lack empathy, grandiose
what is the incidence in general population with Hare psychopathy checklist?
1%
15-20% of those in prison meed criteria for psychopathy
is there an absence of fear about social and physical situations that would frighten most people?
yes
what is structured clinical judgment?
structured forms of clinical judgments instead of unstructured clinical judgements
what is a more structured assessment device developed in Canada?
HCR-20
what dies HCR refers to?
historical variables. clinical variables and risk variables
what was the cause of winko vs British Columbia?
unless the provincial review
board can find affirmatively and prove that
the accused poses a significant threat to
public safety, he or she must be discharged
absolutely.
does the right to refuse treatment varies from province to province?
yes
what is deinstitutionalization, civil liberties and mental health?
mentally ill, including substance abuse issue are becoming incarcerated
when discharged from mental hospitals what are they eligible for?
social benefits
does a large number not receive social benefits?
yes
what is an example of those who don’t receive social benefits?
the homeless due to not having an address and need help establishing eligibility and residency for purpose of receiving benefits
what is the need for ethical protection of research participants?
were brutal experiments done by German physician on concentration camp prisoners
malnutrition common in residential schools and not treating kids with health issues
Tuskegee Alabama study involved 300 m3n deliberately not treated for syphilis
what are the sides of ethics for conducting research?
Nureberg code
declaration of Helsinki
medical research council of Canada
tri-council policy statement
what are the tree core principles of the tri-council statement?
- respect for persons
- concern for welfare
- justice
what are the potential threats to current ethical standards?
- increase in research by for profit organizations
- internationalization of research
what is the increase in research by for profit organization?
some companies push for research would not be approved by human subjects committees in non profit organizations like universities
what is internationalization of research?
developing countries paeticularly eager for partnership in research, not always have same historical commitment to individuals informed consent and safety that is prevalent in more industrialized and democratic countries
what are the ethics in therapy and research?
informed consent
ability to end participation at any time
confidentiality
what is privileged communication?
communication btwn parties in confidential relationship that is protected by Lea in Canada
husband and wife
lawyer-client with some exception
what are the limits to a client’s right of privileged communication?
child abuse, id not over age of 18 when info is disclosed
another mental health professional or medical doctor has engaged in sexual activities with patient
duty to warn and protect potential and current victims
