Chapter 19 - Mental Disorder and the Law Flashcards
Canadian law assumes that people typically think and act in ______ manner.
Deliberate
What are the two causes that are considered for mental disorders?
Cognitive impairment
Volitional impairment
What does the law define mental disorders as?
Internal, stable, involuntary
What is statutory law?
Written codes enacted by legislative authorities
Civil mental health law
Criminal law
What is the civil health law?
Procedures involving involuntary hospitalization
Differs across provinces
What is the criminal law?
Provisions regarding not criminally responsible or unfit to stand trial
Same across Canada
What is the common law?
Legal precedent, decisions made with respect to specific issues
What are the types of involuntary admission?
Civil commitment
Criminal commitment
What are the factors of civil commitment?
Risk to self/others
Containment of illness
Protection of others
What are the factors of criminal commitment?
Criminal offense
Dangerous
Intention of harm
If individual is deemed incapable of making decisions about treatment…
Someone must make decisions on their behalf
Appointee of state or private representative
What are the 3 factors of temporary decision maker principles?
Best interests
Capable wishes
Compulsory treatment orders
What is the best interest principle?
Choose treatment maximizing outcome for patient
What is the capable wishes principle?
Patient’s personal wishes of treatment greatest weight on decision making
What are compulsory treatment orders?
Involuntary outpatient
Less restrictive than involuntary hospitalization
Involuntary patients are more likely to be…
Male
Schizophrenic
Criminal record
What are issues of mentally disordered offenders?
Overrepresented among criminals
Mental health needs of offenders overlooked
People can be convicted of criminal offense only when they commit _________ (actus reus) with ________ (mens rea).
Prohibited act; bad intention
What is the M’Naghten standard?
People acquitted due to mental disorder only under cognitive impairment of not understanding own actions
What are factors when stated ‘unfit to stand trial”?
Unable to…
Understand nature of proceedings
Understand possible consequences
Communicate with counsel
What does it mean that opinions of mental health professional regarding fitness are virtually dispositive?
Courts rarely disagree with opinions
Fitness evaluations test for ability to…
Understand nature of proceedings
Understand possible consequences
Communicate with counsel
Who is referred for evaluation of fitness/criminal responsibility?
Often marginalized individuals
Male, single
Unemployed
Prior issues
What are accidental visitors?
Asked to provide opinions to court due to specialized knowledge
