Chapter 19 - Law, society, and the mental health profession Flashcards
Forensic Psychology
The intersections between the mental health field and the legal and judicial systems
Criminal commitment
Accused of crimes are judged to be mentally unstable, they are unusually sent to a mental institution for treatment
Not guilty of reason of insanity
People are judged mentally unstable at the time of their crimes and so innocent of wrongdoing
M’Naghten Test/rule
stated that having a mental disorder at the time of a crime does not by itself mean that the person was insane; the defendant also had to be unable to know right from wrong
Irresistible impulse Test
emphasized the inability to control one’s actions. A person who committed a crime during an uncontrollable “fit of passion” was considered insane and not guilty under this test
Durham Test
- replaced in most courts
- Based on Durham vs. U.S.
- Stated simply that people are not criminally responsible if their “unlawful act was the product of mental disease or defect”
American Law Institute test
Held that people are not criminally responsible if at the time of a crime they had a mental disorder that prevented them from knowing right from wrong or from being able to control themselves and to follow the law
Guilty but mentally ill
Found to have had a mental illness at the time of the crime, but the illness was not fully related to or responsible for the crimes
Guilty with diminished capacities
a defendant’s mental dysfunction is viewed as an extenuating circumstance that the court should take into consideration in determining the precise crime of which he or she is guilty
Mentally Incompetent
Ensure that defendants understand the charges they are facing and can work with their lawyers to prepare and conduct an adequate defense
Outpatient Civil commitment
Allow patients to be forced into community treatment programs
Emergency Commitment
Many situations require immediate action; no one can wait for commitment proceedings when a life is at stake
Deinstitutionalization
hundreds of thousands of people with severe disturbances now live in the community, and many of them receive little if any treatments
Right to Treatment
Ruled that states are obligated to provide “adequate treatment” to all people who have been committed involuntarily
Right to refuse treatment
All patients have a right to refuse treatment if they are sane