Forensic & Stats Flashcards
Case that relates to competence (to consult a lawyer; have rational+factual understanding of proceedings against them; process info; participate)
Dusky vs US
This is a tool used to determine competence:
McGarry instrument (13 piece guide)
These are needed to demonstrate competence to stand trial:
i. Knowledge of charges
ii. Knowledge of circumstances on which charges are based
iii. Knowledge of important persons in the case
iv. Knowledge of the possible outcomes of the various types of pleas that the defense may enter in his behalf
v. Above all, must demonstrate an ability to collaborate with their defense lawyer
(Don’t need to be able to decide plea, testify on own behalf)
Although no longer used, this case decided that a criminal is not responsible for crime if due to a mental illness (broadened conditions of insanity)
Durham vs the US
This case refined “Durham vs. the US” to include a volitional component by using “irresistible impulse test.” (basically, lacked capacity at time of crime, due to mental illness)
US vs. Brawner
This case decided that you cannot force involuntary tx if pt could survive outside tx.
O’Connor vs Donaldson
This was a case where pt developed TD, and it was decided that the doctor should have monitored for the symptom:
Clites vs State
This case decided that a pt must be competent in order to be executed.
Ford vs. Wainwright
Can Psychiatrists participate in state-mandated executions? (Yes, No, Sometimes)
No (ethically bound not to)
Need a pt be competent when creating their advanced directive?
Yes
What are the rights that a pt has while hospitalized? (6)
- communication w/outside
- visitation
- privacy (toileting, bathing, storage space, personal space)
- wear own clothing
- carry own money
- refuse tx
When can pt’s rights during hospitalization be removed?
When DTS/DTO
Are therapy notes considered part of medical record?
No
If subpoenaed, do you have to turn in pt’s therapy notes?
No, unless pt provides written consent to do so and they are specifically requested by court.
Do pts have a right to their own therapy notes?
No
Define “Respondent superior”
legal concept stating that a person at the top of a hierarchy is responsible for the actions of those at the bottom
What are the 2 components of a criminal act? (define each)
Actus reus: voluntary conduct.
Mens rea: evil intent.
This rule applies to mens rea, and asks, “did defendant have ability to distinguish right from wrong at time of criminal act?”
M’Naughten rule
What are the 4 components one must satisfy when making a will?
a. Know they’re making a will
b. Knows what a will does
c. Knows nature of property to be distributed
d. Knows who they’re distributing it to
List the levels of proof, from least to most:
a. Probable cause
b. Preponderance of evidence
c. Clear and convincing proof
d. Beyond a reasonable doubt
What burden of proof would be required for reporting child abuse?
Probable cause
How much certainty is required for Preponderance of Evidence?
51% certain
What is the default level of proof in most civil cases?
Preponderance of Evidence
What level of proof is required for civil cases where more than money is at stake? (civil commitments, paternity testing, legal insanity, restraining order)
Clear and convincing proof
What type of proof is required to convict in criminal cases?
Beyond a reasonable doubt
