Correctional Psychiatry Flashcards
Farmer v. Brennan established which of the below as the mens rea for deliberate indifference?
A) objective recklessness
B) subjective recklessness
C) criminal negligence
D) knowingly
B) Subjective recklessness
In which case did the Supreme Court state that an inmate’s equal protection rights were violated?
A) Estelle v. Gamble
B) Farmer v. Brennan
C) Vitek v. Jones
D) Baxstrom v. Herald
E) Bowring v. Goldman
D) Baxstrom v. Herald
At the end of 2021, approximately how many persons were incarcerated in the Nation’s jails and prisons?
A) 1.16 million
B) 1.46 million
C) 1.77 million
D) 2.56 million
C) 1.77 million
Select the correct statement below:
A) antisocial personality disorder is the MC diagnosis in those incarcerated
B) The rate of incarceration for Caucasian males is higher than that for African American males.
C) The MC diagnosis among inmates is drug/alcohol abuse or dependence
D) Diversion provides transfer of inmates with mental illness after they have been sentenced
E) Inmates have a constitutional right to drug and alcohol treatment.
C) The MC diagnosis among inmates is drug/alcohol abuse or dependence. The MC drug used is cannabis.
Select the correct statement from those below:
A) Prisons have a higher rate of suicides when compared to jails and lockups.
B) The Supreme Court has found that prisoners have no constitutional right to freedom of speech.
C) the 8th Amendment governs the medical treatment of pretrial detainees
D) The principle of due process governs the treatment of pretrial detainees regarding medical care
D) The principle of due process governs the treatment of pretrial detainees regarding medical care
Select the incorrect statement from the statements below:
A) minorities are overrepresented in correctional suicides when compared to non-Hispanic whites.
B) jail suicides indicate that the risk of suicide increases from age 55 to older
C) Violent offenders are more likely to commit suicide in both jail and prison settings.
D) Jail suicides are evenly distributed from the first few days of confinement to over several months of confinement.
A) minorities are overrepresented in correctional suicides when compared to non-Hispanic whites.
All of the following are true regarding the Prison Litigation Reform Act of 1996 except:
A) Physical injury is required to establish emotional injury
B) The purpose of the act was to assist inmates in filing lawsuits.
C) An inmate who files more than three frivolous lawsuits is barred from filing free lawsuits in the future.
D) Increased the ability of the court to dismiss claims filed by prisoners
B) The purpose of the act was to assist inmates in filing lawsuits.
Which amendment serves as the origin for the right to treatment for prisoners?
A) 1st Amendment
B) 4th Amendment
C) 5th Amendment
D) 8th Amendment
E) 14th Amendment
D) 8th Amendment
Which amendment serves as the origin for the right to treatment for pretrial detainees?
A) Right to free speech
B) Right to be free from cruel and unusual punishment
C) Due process clause
D) Right to be free from search and seizures
E) none of the above
E) none of the above
Which standards do not offer accreditation regarding care provided in a correctional facility?
A) ACCHC
B) APHA
C) JCAHO
D) ACA
B) APHA - American Public Health Association
Where do most correctional suicides occur?
Lockups
What is the most common method of suicide in the correctional setting?
Hanging
What is the leading cause of local jail inmate deaths? What is the second?
Suicide; heart disease
Older white males had the highest risk
Is suicide the leading cause of death in prisons?
No, it is the 2nd
What did Brown v? Plata, 2011 establish?
The overcrowding of the California prison system violates the 8th Amendment’s cruel and unusual punishment clause.
What does the Prison Litigation Reform Act (PLRA) allow to avoid constitutional violations caused by overcrowding?
Prison or jail population caps
Which of the following cases provided guidelines for planning mental health services in a correctional setting?
A) Estelle v. Smith
B) Estelle v. Gamble
C) Ruiz v. Estelle
D) Bowring v. Goodman
C) Farmer v. Brennan
C) Ruiz v. Estelle
Which case set guidelines regarding the transfer of an inmate from a correctional facility to a psychiatric facility?
A. Estelle v. Gamble
B. Baxtrom v. Herald
C. Vitek v. Jones
D. Washington v. Harper
E. none of the above
C. Vitek v. Jones
A prisoner receives a book on satanic cults and rituals. The correctional officer notices this in his cell and takes it away. The prisoner files a claim that his First Amendment rights have been violated. Which of the following answers best addresses how the court would likely address this issue?
A) The court would find that the prisoner’s rights were violated if the officer exhibited deliberate indifference.
B) The court would find that the prisoner’s rights were violated if the “bell” test was met.
C) The court would find that the prisoner’s rights were violated because there is no legitimate cause of action.
D) The court would find that the prisoner’s rights were not violated if the officer’s behavior was reasonably related to legitimate penological interests.
D) The court would find that the prisoner’s rights were not violated if the officer’s behavior was reasonably related to legitimate penological interests.
Which of the following is correct regarding the Prison Rape Elimination Act of 2003?
A) This act requires separation of all transgender inmates to prevent rape.
B) Staff are often involved in substantiated sexual victimization of inmates
C) Inmates are rarely involved in substantiated sexual victimization of other inmates despite the belief that rape is common in prison.
D) This act requires the transfer of inmates with substantiated sexual victimization to a specialized treatment unit for sex offenders.
B) Staff are often involved in substantiated sexual victimization of inmates
Which of the following is the correct definition of a special master?
A) An attorney appointed by the court to oversee a prisoners’ class action lawsuit.
B) An individual appointed in prison condition cases to oversee court-mandated remedial measures.
C) The administrative chairman of the Department of Corrections parole board.
D) The judge who has jurisdiction over federal 42 USC 1983 claims with the consent of both parties.
E) All of the above.
B) An individual appointed in prison condition cases to oversee court-mandated remedial measures.
All of the following are results of the Prison Litigation Reform Act except?
A) Established a mechanism for collecting filing fee payments from prisoners unable to pay the full filing fee
B) Discourages consent decrees
C) Delineates the role of special masters
D) Prevents a court from awarding attorney’s fees to the plaintiff’s counsel in settled cases absent a violation of federal law
E) none of the above
E) none of the above
Which of the following is considered the most important service element in a correctional setting?
A) Confidential records
B) Suicide prevention program
C) Psychiatric treatment
D) Screening
E) Medication monitoring
D) Screening
All of the following are incorrect in reference to the case of Pennsylvania v. Yeskey except?
A) The USSC held that state prisons fall squarely within Title II’s statutory definition of “public entity.”
B) The USSC held that federal prisons fall squarely within Title II’s statutory definition of “public entity.”
C) The USSC held that state hospitals fall squarely within Title II’s statutory definition of “public entity.”
D) The USSC held that state prisons do not fall squarely within Title II’s statutory definition of “public entity.”
E) Programs, services, and activities within prisons are distinguishable from those provided by public entities under the ADA
A) The USSC held that state prisons fall squarely within Title II’s statutory definition of “public entity.”
The sign considered pathognomic for Ganser syndrome is:
A) Clouding of consciousness
B) Approximate answers
C) Hallucinations
D) Amnesia
E) Somatic conversion
B) Approximate answers
According to the American Psychiatric Association Task Force, the fundamental goal regarding the provision of mental health care in correctional settings is:
A) To provide the same level of care to each patient that should be available in the community as permitted by budgetary constraints
B) To provide the same level of care to each patient that is actually provided in the community
C) To provide the same level of care to each patient that should be provided in the community
D) None of the above
C) To provide the same level of care to each patient that should be provided in the community
Which of the following is CORRECT regarding the treatment of transgendered inmates in prisons?
A) The USSC held in 2015 that failure to provide medically recommended sex reassignment surgery is unconstitutional
B) The National Commission on Correctional Health Care has noted that correctional staff should follow standards by professionals with expertise in transgender health when determining what treatment is warranted
C) The National Commission on Correctional Health Care has noted that correctional staff must follow biological gender assignment when making inmate housing decisions due to institutional safety concerns for the inmate.
D) Hormone replacement therapy is not allowed in prisons due to concerns about medication abuse and potential sexual abuse of feminized male inmates.
B) The National Commission on Correctional Health Care has noted that correctional staff should follow standards by professionals with expertise in transgender health when determining what treatment is warranted
Who was the founder of the American Psychiatric Association?
Dr. Benjamin Rush
What and where was the first correctional institution in the United States?
The Walnut Street Jail in Philadelphia, PA.
What was the penal model between 1870 and 1900 that recommended educational and training programs with indeterminate sentencing to help the inmate develop self-respect?
The Reformatory Model
What penal model, whose goals were to search for alternatives to incarceration and reintegrate the offending into the community, began between 1900 and 1920 and dominated reformist thinking from 1950 until the early 1970s?
The Progressive Era, or Rehabilitative Institution.
What are the purposes of punishment?
Deterrence - dissuading the future commission of crimes
Incapacitation - incarceration to prevent individuals from committing further crimes against the public
Rehabilitation - participation in treatment and prison programs will correct underlying problems that lead to criminal conduct.
Retribution - individuals are incarcerated because they deserve it. Also known as the “just deserts” approach.
What is the most common type of correctional facility?
Lockups - usually less than 48-hour stays
What are the prevalence and most common mental illnesses in prison?
Depression and psychosis are the most common. 15-24% of U.S. inmates have a severe mental illness.
What are the demographics of the prison population?
- 93% male
- likely black or caucasian
Is suicide the leading cause of death in prisons?
No. It is the 2nd leading cause of death in prison populations.
What are the features of Ganser syndrome?
1) Approximate answers; 2) clouding of consciousness; 3) somatic conversion; 4) hallucinations
The symptoms often follow severe psychological stress and have been viewed as an inmate’s attempt to exhibit their own generic concept or interpretation of mental illness without accurately knowing the symptoms that are associated with mental illness.
What is the situation in which a psychiatrist is subject to more than one authority or perhaps more than one moral principle?
Dual agency.
Mental health professionals in prisons and mental health settings are advised to disclose their agency, the purpose of the encounter, and how the information will be used.
What term means: “in the manner of a pauper,” which grants the right to sue without assuming the costs or formalities of pleading?
In former pauperis
What term means: “to one’s self,” referring to a court acting of its own volition, without a motion made by either of the adverse parties.
Sua Sponte
What is the primary method for redressing violations of inmates’ constitutional rights by state or local officials?
The Federal Civil Rights Statue 42 USC 1983
Physicians can be sued under Section 1983 for violating inmates’ constitutional rights.
What term means: “a recorded agreement of parties to a lawsuit concerning the form that the judgment should take
Consent decree
What is a Habeas Corpus Action?
An action that enables inmates to request a hearing before a judge to air claims of illegal incarceration or involuntary hospitalization d/t a constitutional violation involving their conviction or conditions of confinement.
It is often brought by inmates who have exhausted state remedies and feel some constitutional issues exist to challenge their conviction or loss of good time credits.
What is a Bivens action?
The federal equivalent to 42 USC Section 1983 claims.
Bivens v. Six Unknown Federal Narcotics Agents (1971), the USSC said that under the 4th Amendment, inmates can sue for damages if a federal employee violates constitutional rights.
What prohibits state and local governments and other public entities from discriminating against any “qualified individuals with a disability” and from excluding individuals from programs, services, or activities because of their disability?
Title II of the Americans with Disabilities Act.
Can state prison inmates sue for violations under the ADA?
Yes.
Pennsylvania v. Yeskey, USSC, 1998. An individual with high blood pressure wanted to participate in a boot camp to lessen his sentence but was declined because of hypertension.
Can inmates sue the State for monetary damages under Title II of the ADA for conduct that violates the 14th Amendment?
Yes.
United States v. Georgia (2006). paraplegic in prison with poor conditions.
What law passed by Congress in 1996 was designed to discourage frivolous lawsuits?
Prisoner Litigation Reform Act (PRLA).
It imposes several severe restrictions: 1) collecting legal fees; 2) courts screen prisoner complaints; 3) cannot bring suit until administrative measures are exhausted 4) limits relief 5) inmates who bring more than three suits are barred from free filing fees
What has been interpreted as the constitutional standard regarding the treatment of pretrial detainees?
The due process clause of the 14th Amendment.
Can pretrial detainees be subjected to conditions or restrictions not reasonably related to a legitimate government purpose?
No, this is known as a the Bell Test.
Bell v. Wolfish (1979) - pretrial detainees have a right not to be punished as guaranteed by the 14th Amendment due process. Convicted inmates are protected under the 8th Amendment cruel and unusual punishment clause.
What rights are not granted to prisoners?
The right to vote
The right to rehabilitation
The right to drug and alcohol treatment
The right to procreate
When is it permissible for a regulation to infringe on an inmate’s constitutional rights?
The “reasonable test,” aka the Turner Test. A regulation is valid if it is reasonably related to legitimates penological interests.
Which court case set the “deliberate indifference” standard concerning providing treatment to incarcerated individuals?
Estelle v. Gamble (1976). - Deliberate indifference constitutes the “unnecessary and wanton infliction of pain.”
What are the two forms of recklessness implicated in Estelle v. Gamble’s deliberate indifference?
- Subjective recklessness - a person knows and is aware of a situation that he/she disregards.
- Objective recklessness - when the risk of harm is so high that the person should have known that harm would result.
So, deliberate indifference = subjective restlessness.
