Forensic Psychiatry Flashcards
requirements for fitness to stand trial
Understand the nature or object of the proceedings
- Understand the possible consequences of the proceedings
- Ability to communicate with counsel
T/F in order to be “fit to stand trial,” the person must be NOT be actively mentally ill
false. being actively mentally ill does not preclude a patient from being fit to stand trial. Mentally handicapped people are often still found to be fit.
Definition of “not criminally reponsible”
person is incapable of appreciating the nature and quality of the act or knowing that it was wrong.
reasons to not be found criminally repsonsible
Actions controlled by command hallucinations
Elaborate delusion system
Extreme paranoia
Severe psychotic depression
mental health act is included under -__ law
civil
requirements to form:
- suffering from a mental disorder AND
- likely to cause harm to person or other
- unsuitable for admission to a facility other than as a formal patient.
requirements to issue a form 1
• Form 1 Timeline
o Admission: any licensed MD (not a resident) and one person at the facility
- § A single Form 1: last 72hr before admission; 24hr once admitted
§ Two Form 1: lasts 30 days
- o Renewal: 1 psychiatry + 1 at the facility
§ 1st set: another 30d
§ 2nd set: another 30d
§ 3rd set+: 6mo
requirements to issue a community treatment order
2 licnesed physician exams, one being a psychiatrist
-
- Within the last 3yr has had at least 2 involuntary admissions with total inpatient days>30d
o Had a CTO in the immediate preceding 3yr period
o Pattern of recurrent or repetitive behavior that can cause harm
- a CTO expires after 6 months, invalidated by hospital admission.
if a police officer believes person is suffering mental disorder and may be a danger to himself or others→ immediate facility for physician examination– what form?
form 10
intentional vs unintentional tort
Definition: a wrongful act (wilful or negligent) against another person
- Intentional tort: deliberate action that may cause damage (sexual assault, false imprisonment), not covered by malpractice insurance (sexual assault, false imprisonment)
- Unintentional tort: action which have an unreasonable risk of causing (most medical malpractice falls into this category)
3 categories of standard of proof
- Beyond a reasonable doubt (95% certain): criminal cases
- Clear and convincing evidence (75-85% certain): high stakes civil cases or civil commitment. This is used when we “form” people with the Mental Health Act
• Preponderance of truth (51% certain): most civil cases
When you have a duty to Warn
Risk to a clearly identifiable persons
Risk of serious harm (severe bodily injury, death or serious psychological harm
Must be an element of imminence, creating a sense of urgency
criteria for emancipated minor
Criteria: living independently/financially independent; in the military; employed, married; pregnant or has children
5 components of dangerousness (MILFS)
M: magnitude of harm
I: imminence of harm
L: likelihood of harm
F: frequency of aggressive behaviour
S: situational factors
T/F when someone is in psychosis, they are more likely to commit violent acts
false. more likely to be a victim than a perpetrator.
Command hallucinations: familiar voice, history of compliance, associated with delusions, less violent
• Delusions: feeling threatened or controlled, paranoia/persecution