Civil Commitment Lecture Flashcards
All of the following proceedings require a standard of proof of clear and convincing evidence except?
A) De-naturalization
B) Civil commitment of adults
C) Civil commitment of minors
D) Termination of parental rights
C) Civil commitment of minors
Which of the following are legal bases justifying civil commitment?
A) Parens patriae
B) Police powers
C) 42 USD Section 1983
D) All of the above
E) a and b only
E) a and b only
Persons who allege they have been improperly confined in a mental hospital may file a 42 USC Sec. 1983 claim because:
A) Chances are increased that their case will be granted cert.
B) Section 1983 claims allow them to allege 14th Amendment due process violations
C) Section 1983 claims avoid difficult constitutional rights issues
D) Section 1983 claims allow them to allege 8th Amendment rights violations
B) Section 1983 claims allow them to allege 14th Amendment due process violations
The deinstitutionalization of psychiatric patients in the U.S. was driven by:
A) financial and socio-political pressures
B) Discovery of anti-psychotic medication
C) Class actions lawsuits on behalf of institutionalized patients
D) All of the above
D) All of the above
Which of the following is not true regarding dangerousness for the purposes of civil commitment?
A) Most jurisdictions require evidence of actual behavior
B) Statistically validated risk factors may be required for involuntary hospitalization
C) Terms such as risk, danger, and likelihood of harm are usually statutorily defined
D) A few states allow for the criteria of danger to property.
B) Statistically validated risk factors may be required for involuntary hospitalization
Assisted Outpatient Treatment (outpatient civil commitment) may be helpful due to which of the following?
A) coercion of the patient
B) close monitoring so non-adherence is detected early
C) Medications can be forced on the patient in the community
D) Criminal behavior more easily detected and prosecuted
B) close monitoring so non-adherence is detected early
Which of the following best describes a patient who would satisfy the grave disability criteria for civil commitment?:
A) 22 y/o depressed graduate student showers only once a week, doesn’t pay bills, lives in a filthy apartment, has developed scabies
B) 57 y/o depressed woman with diabetes has no motivation to follow her blood glucose
C) 35 y/o man with schizophrenia has been in a catatonic stupor for 4 days, does not eat or drink, cannot communicate
D) 30 y/o woman with bipolar mania shares needles in a heroin den because she believes the blood of “Jesus” flows through her veins and is immune to infection.
C) 35 y/o man with schizophrenia has been in a catatonic stupor for 4 days, does not eat or drink, cannot communicate
In Zinnermon v. Burch the Supreme Court was concerned that:
A) Requiring formal hearing for competency in every case could be costly and antitherapeutic
B) The mere fact that an individual seeking voluntary admission is mentally ill and in need of hospitalization should rebut the presumption of competence
C) A patient incapable of informed consent cannot be relied on to protest his voluntary admission or demand procedural safeguards
D) none of the above
C) A patient incapable of informed consent cannot be relied on to protest his voluntary admission or demand procedural safeguards
Per Lake v. Cameron, which of the following are true?
A) Set a constitutional minimum for the standard for proof for civil commitment
B) Gave patients 5th Amendment right against self-incrimination
C) Case remanded for inquiry into least restrictive treatment alternative
D) Affirmed a right to treatment
C) Case remanded for inquiry into least restrictive treatment alternative
In the Supreme Court’s reasoning in Addington v. Texas, the “middle path” of clear and convincing struck a fair balance due to all of the following except:
A) > preponderance of evidence needed to protect from loss of liberty
B) < beyond a reasonable doubt required b/c commitment not punitive
C) Psychiatric diagnosis is reasonably reliable to justify > POE
D) A person suffering from mental illness and in need of treatment is not truly at liberty
C) Psychiatric diagnosis is reasonably reliable to justify > POE
