Chapter 19: Mental Disorders and the Law Flashcards

1
Q

What does Canadian law assume about the individual?

A
  • people can and do think and act in a deliberate and reasoned manner
  • recognizes that in some cases mental disorder may cause cognitive or volitional impairment
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2
Q

How is mental disorder defined by the law?

A
  • impairment of psychological functioning that is internal, stable, and involuntary, rather than situational or contextual
  • much narrower definition than recognized by mental health professionals and the DSM-V
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3
Q

What are statutes?

A
  • codes of law adopted by a government and supported by a monarch
  • govern almost every aspects of daily life
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4
Q

Which types of statutes do mental disorders play a role in?

A
  • civil mental health law
    → varies across provinces and territories
  • criminal law
    → does not vary
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5
Q

What criteria is required for involuntary hospitalization?

A

– People must suffer from a severe and treatable mental disorder

– People must be either unwilling or incapable of consenting to hospitalization on a voluntary basis

– People must be at risk of causing harm to self or others due to mental disorder

– Usually the process of voluntary commitment starts with emergency or short-term detention, and often ordered by the physician evaluating the patient
→ Release occurs when improvements are observed due to the passage of time or
because of treatment

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6
Q

What is a temporary substitute decision maker?

A
  • in provincial mental health law, someone authorized to make treatment decision on behalf of a person who is civilly committed and deemed incapable of making such a decision
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7
Q

What is required to appoint someone a temporary substitute decision maker?

A

1 - appointed decision makers must act in accordance with the best interest’s principle. → make decisions which would best serve the interest of the patient

2 - capable wishes principle
→ the patient’s wishes should be given the greatest weight, especially when these wishes were expressed previously

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8
Q

What are compulsory treatment orders?

A
  • involuntary treatment for people

who are not hospitalized

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9
Q

Who is involuntarily hospitalized?

A
  • 15 to 20% of all hospitalizations for mental disorder in Canada are involuntary
  • 14% request a review
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10
Q

How can violence risk be evaluated?

A
  • discretionary approach
    → more informal or intuitive
    → uses clinical judgment
  • non-discretionary approach
    → actuarial
    → uses strict rules of assessment producing probability estimates of committing violence
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11
Q

What is actus reus?

A
  • prohibited physical act that, combined with mens rea, defines a criminal offence
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12
Q

What is mens rea?

A
  • guilty mind or bad intent that, combined with actus reus, defines a criminal offence
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13
Q

What is NCRMD?

A
  • not criminally responsible on account of mental disorder

- not morally culpable for comitting a prohibited act due to mental disorder at the time the act was confirmed

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14
Q

What is UST?

A
  • unfit to stand trial
  • people who are unable to participate actively and effectively during their trial
    → unable to be present, confront accusers, make full answer to the accustion
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15
Q

How are fitness evaluations conducted?

A
  • courts rarely disagree with the opinion of mental health professional regarding the individual’s mental health status
  • such opinions are usually based on the severity of the mental disorder
  • development of revised Fitness Interview Test (FIT-R) greatly aided competency evaluations
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16
Q

Who are referred for fitness evaluation?

A
  • 15% of defendants
    → >50% NCRMD
    → given indefinite commitment to secure hospitals
17
Q

What is the history of the M’Naghten Standard?

A
  • 1843, Daniel M’Naghten was acquitted of murdering Edward Drummond, whom M’Naghten had mistaken for British Prime Minister Robert Peel
  • British House of Lords asked a panel of judges a series of hypothetical questions about the defence of insanity
  • rules proposed have been a standard test for criminal liability in relation to mentally disordered defendants in common law jurisdictions ever since
18
Q

What is the M’Naughten Standard?

A

1 - accused must have been suffering from a mental disorder

2 - they must not have known at least one of the two things: the nature and quality of the act and that what they have done was wrong

  • “cognitive” test for insanity
19
Q

What happens if the M’Naughten Standard rules are satisfied?

A
  • accused may be adjudged “not guilty by reason of insanity” or “guilty but insane”
  • sentence may be a mandatory or discretionary (but usually indeterminate) period of treatment in a secure hospital facility
    → instead of a punitive disposal
20
Q

What is the irresistible impulse exemption?

A
  • volitional aspect of insanity

- e.g., “I knew it was wrong, but God told me to do it!”

21
Q

What is GBMI?

A
  • guilty but mentally ill
  • indicates presence of mental illness and mens rea
  • is a verdict, unlike NCRMD
22
Q

What are concerns for the psychologist when assessing sanity?

A

– The other side is likely to have their own experts (outside of states like Michigan)

– In some jurisdictions, the expert witness cannot provide specific opinions on that specific case and can only answer general questions

– Believing that if a behavior is atypical, it must be pathological (e.g., Jeffrey Dahmer)

– Likely to face a stiff and critical cross‐examination

– The length of time since the offense occurred

– Personal Biases

– Limiting themselves to the boundaries of their license

– Malingering

23
Q

What is ultimate issue v. ultimate opinion testimony?

A
  • psychologist cannot say definitely whether the defendant is actually guilty or insane
  • must be left up to the court to decide
24
Q

What is malingering?

A
  • individuals who intentionally pretend to have symptoms of mental or physical illness
    → to achieve financial or other gain
    → to avoid criminal conviction or unwanted duty
    → to facilitate escape from captivity or incarceration
25
What is competency?
- person’s ability to understand the court’s proceedings, the nature of the charges against them & their ability to assist in their own defense → competency needed to stand trial or plead guilty
26
What are some competency screening tests?
- Competency Assessment Instrument | - Georgia Court Competency Test (GCCT)
27
What percentage of Canadian inmates in federal prison are aboriginal?
- 20%
28
What are the proposed causes for the disproportionate number of aboriginal people in Canadian prisons?
- generational effects of colonization and residential schools - systemic discrimination - high prevalence of substance abuse - ongoing trauma
29
What is restorative justice?
- report (the Gladue report) is to be prepared that outlines the aboriginal individual’s unique circumstances - sentencing takes into account aboriginal views of justice, and encourages the integration and healing of the individual within the community - 8% lower recidivism rate
30
What is forensic psychology?
- area of specialization in psychology - focuses on application of research and practice to matters of law → criminal or civil courts → administrative boards and tribunals
31
What are ethical codes?
- written statements that set out the core values that should guide decision making by members of a profession - fundamental part of psychology
32
What are the ethical principles?
• Autonomy – Self-determination (veracity, informed consent, refuse, retract participation) • Non-maleficence – ‘do no harm’ (assess and manage risk) • Beneficence – ‘do good’ (benefits, risks, burdens) • Fidelity – Conflicts of interest • Justice – Fair distribution (benefits, risks, costs) • Right to Privacy, Confidentiality, Anonymity
33
What do psychologists do in the legal system?
- asked to give evidence | - involved in evaluations related to involuntary hospitalization, fitness, or criminal responsibility