Chapter 19 - Mental Disorder and the Law Flashcards

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1
Q

Canadian law assumes that people typically think and act in ______ manner.

A

Deliberate

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2
Q

What are the two causes that are considered for mental disorders?

A

Cognitive impairment

Volitional impairment

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3
Q

What does the law define mental disorders as?

A

Internal, stable, involuntary

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4
Q

What is statutory law?

A

Written codes enacted by legislative authorities

Civil mental health law

Criminal law

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5
Q

What is the civil health law?

A

Procedures involving involuntary hospitalization

Differs across provinces

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6
Q

What is the criminal law?

A

Provisions regarding not criminally responsible or unfit to stand trial

Same across Canada

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7
Q

What is the common law?

A

Legal precedent, decisions made with respect to specific issues

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8
Q

What are the types of involuntary admission?

A

Civil commitment

Criminal commitment

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9
Q

What are the factors of civil commitment?

A

Risk to self/others

Containment of illness

Protection of others

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10
Q

What are the factors of criminal commitment?

A

Criminal offense

Dangerous

Intention of harm

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11
Q

If individual is deemed incapable of making decisions about treatment…

A

Someone must make decisions on their behalf

Appointee of state or private representative

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12
Q

What are the 3 factors of temporary decision maker principles?

A

Best interests

Capable wishes

Compulsory treatment orders

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13
Q

What is the best interest principle?

A

Choose treatment maximizing outcome for patient

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14
Q

What is the capable wishes principle?

A

Patient’s personal wishes of treatment greatest weight on decision making

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15
Q

What are compulsory treatment orders?

A

Involuntary outpatient

Less restrictive than involuntary hospitalization

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16
Q

Involuntary patients are more likely to be…

A

Male

Schizophrenic

Criminal record

17
Q

What are issues of mentally disordered offenders?

A

Overrepresented among criminals

Mental health needs of offenders overlooked

18
Q

People can be convicted of criminal offense only when they commit _________ (actus reus) with ________ (mens rea).

A

Prohibited act; bad intention

19
Q

What is the M’Naghten standard?

A

People acquitted due to mental disorder only under cognitive impairment of not understanding own actions

20
Q

What are factors when stated ‘unfit to stand trial”?

A

Unable to…

Understand nature of proceedings
Understand possible consequences
Communicate with counsel

21
Q

What does it mean that opinions of mental health professional regarding fitness are virtually dispositive?

A

Courts rarely disagree with opinions

22
Q

Fitness evaluations test for ability to…

A

Understand nature of proceedings

Understand possible consequences

Communicate with counsel

23
Q

Who is referred for evaluation of fitness/criminal responsibility?

A

Often marginalized individuals

Male, single

Unemployed

Prior issues

24
Q

What are accidental visitors?

A

Asked to provide opinions to court due to specialized knowledge

25
Q

What are forensic psychologists (specialists)?

A

Assist proceedings in courts

26
Q

What is the role of forensic psychologists?

A

Custody evaluations

Design training for correctional officers

Study/improve accuracy of courtroom testimony

Evaluate practices

Provide expert evidence

27
Q

What is the difference between law and ethics?

A

Law: tells what not to do

Ethics: tells what should do

28
Q

What are ethical codes?

A

Core values underlying practice of psychology

29
Q

What are professional standards?

A

Expectations of day-to-day practice of psychologists

30
Q

What is the Canadian code of ethics for psychologists?

A

Respect of persons

Responsible caring

Integrity in relationships

Responsibility to society

31
Q

What are the specific guidelines for forensic psychologists?

A

Importance of objectivity/neutrality

Importance of staying within area of competence

Know/respect laws governing area of practice

32
Q

What is the current status of psychology in the legal system?

A

Give expert evidence

Role limited by law

Ability to conduct assessments of fitness and NCRMD