General Forensic Flashcards
Ganser Syndrome
- Approximate answers
- Clouding of conciousness
- Somatic conversion
- Hallucinations
McKune v. Lile (2002)
Sexual Abuse Treatment Programs serve a vital penological purpose, do not violate 5th amendment, OK to use minimal incentives.
United States v. Georgia (2006)
ADA applies to prisons and inmates can sue for money damages under title II of ADA.
Estelle v. Gamble (1976)
Definition
Deliberate indifference to serious medical needs of prisoners violated 8th
Farmer v. Brennan (1994)
Definition
set standard of subjective recklessness, i.e. prove that he had knowledge of the situation.
Washington v. Harper (1990)
medication administration in an emergency, for medical reasons and of limited duration.
Riggens v. Nevada (1992)
State must establish need for treatment.
Baxstrom v. Herald (1960)
prisoners need same review as other civil commitments to state hospital
Vitek v. Jones (1980)
Definition
transfer to mental hospital from prison requires wrtten notice, adversary hearing, written findings and availability if legal counsel
DeShaney v. Winnebago (1989)
Definition
State must protect those which have been imprisoned, institutionalized or otherwise restrained.
Civil Rights Act of 1964
Title VII: Forbids practices on basis of gender (became legal basis of sexual harassment actions)
Meritor Savings Bank FSB v. Vinson (1986)
Hostile work environment actionable. Advances must be unwelcome.
Teresa Harris v. Forklift Systems, Inc. (1993)
- Reasonable person would find it objectionable AND the person subjectively perceived it as such.
- Damages are not required
Oncale v. Sundowner Offshore Services (1998)
Same sex sexual harassment is actionable.
Wyatt v. Stickney
patients entitled to:
- the least restrictive environment
- freedom from unecessary or excessive medication
- the right not to be subjected to experimental research without informed consent
- the right not to be subjected to lobotomy or ECT without consent and consultation with their counsel
Rennie v. Klein (1979)
Second doctor decision maker OK with appeal to medical director available
Rogers v. Commissioner (1983)
Substituted judgment. A committed mental patient is competent and has the right to make treatment decisions until the patient is adjudicated incompetent by a judge. A judge then decides if the patient would have wanted to consent to antipsychotic medications.
Washington v. Harper (1990)
A second physician decision maker is sufficient in a prison setting.
Riggins v. Nevada (1992)
State was obligated to establish the need for treatment.
Test of Functional Restrictions
- Activities of daily living
- Social functioning
- Concentration, persistence and pace
- Deterioration or decompensation in work or work-like setting
“Handicapped individual”
- Has a physical or mental impairment which substantially limits one or more major life activities
- Has a record of having such impairment
- Is regarded as having such an impairment by an employer
School Board of Nassau County Florida v. Arline (1987)
Contagious disease is a physical impairment
Bragdon v. Abbott (1998)
HIV is a disability covered by the ADA
Olmstead v. L.C. (1999)
Definition
ADA title II prohibits unjustified sgregation of the mentally ill. Placement is in order when clinically appropriate.
Pennsylvania Department of Corrections v. Yesky (1999)
ADA applies to prisons. Inmates can sue if excluded from programs due to diability (except if they pose a direct threat)
Robinson v. California (1962)
Criminalizing status of addiction violates 8th
Powell v. Texas (1968)
Crime of public drunk does not violate 8th
North Carolina v. Alford (1970)
You can plead guilty while protesting innocence
Montana v. Egelhoff (1996)
OK to exclude voluntary intoxication as mitigation of mens rea
Cruzan v. Director of Health (1990)
state has right to require clear and convincing evidence of incompetents wishes to refuse treatment
Washington v. Glucksberg (1997)
No liberty interest in 14th amendment to right to physician assisted suicide
Vacco v. Quill (1997)
physician assisted suicide is not equal to right to refuse treatment
State v. Hurd (1980)
hypnotically refreshed testimony could be admissible on a case by case basis
Rock v. Arkansas (1987)
Law excluding all hypnotic testimony violates rights
In Re Gault (1967)
Required due process for juveniles. Set stage for civil commitment reform.
Lake v. Cameron (DC Circ 1966)
Individualized treatment plans and least restrictive environment.
O’Connor v. Donaldson (1975)
“the state can’t confine, without more, a non-dangerous, mentally ill person who is capable of surviving safely in freedom by himself or with the help of family or friends.”
Lessard v. Schmidt (Federal District Court 1972)
High water mark of protection of liberty interests. Same rights as criminal suspect.
Addington v. Texas (1979)
Clear and convincing evidence is minimum for commitment.
Zinermon v. Burch (1990)
OK for states to require a pt be competent to sign in voluntarily.
Jones v. United States (1983)
Commitment of NGRI pt requires only preponderance. Burden is on aquittee to prive no longer ill or dangerous.
Foucha v. Louisiana (1992)
NGRI aquittee who is dangerous but no longer mentally ill cannot be held.
Dusky v. US (1960)
Defendant must have sufficient present ability to consult with lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him.”
Wilson v. US (1968)
Amnesia per se does not equal incompetence.
Cooper v. Oklahoma (1996)
Definition
Set evidence standard for CST at preponderance
Jackson v. Indiana (1972)
Inconpetent defendants cannot be held in a mental institution longer than a reasonable period of time ot determine if there is a substantial probabilty of restoration.
Godinez v. Moran (1993)
Competence to pled guilty is no higher than competence to stand trial.
Indiana v. Edwards (2008)
Court may limit right to represent self if mentally ill. Pro se competency stnadard is higher than CST.
Colorado v. Connelly (1986)
Defendant had command hallucinations to confess. A confession is voluntary unless there is police coercion.
Panetti v. Quarterman (2007)
Definition
individuals with mentall illness should be allowed to present expert testimony related to their competence to be executed.
Sprecht v. Patterson (1967)
Definition
Persons being comitted under sexual psychopath laws get same criminal due process protections.
Allen v. Illinois (1986)
Definition
Proceedings under Sexually Dangerous Person Act are civil with treatment aim therefore no 5th Ammendment protection against self-incrimination.
Hendricks v. Kansas (1997)
Definition
Failure to offer treatment to committed SVPs does not make act punitive.
Kansas v. Crane (2002)
Definition
No finding of complete lack of control necessary for committment of SVPs.
Term
Canterbury v. Spence (1972)
Definition
Physician must disclose what a reasonable patient would want to know to make informed decision.
Term
Roy v. Hartogs (1975)
Definition
Sex with patients is malpractice
Term
Kaimowitz v. Michigan Department of Mental Health (1973)
Definition
A person who is involuntarily detained in a state facility cannot give legally adequate consent to an inovative or experimental surgical procedure on the brain
Term
Superintendent of Belchertown v. Saikowicz (Mass. 1977)
Definition
“substituted judgment doctrine” for decisions involving life sustaining treatment for mentally incompetent person in state institution
Term
In re. Lifschutz (1970)
Definition
The patient not the doctor owns the privilege
Term
Jaffe v. Redmond (1996)
Definition
psychotherapist privilege in federal court
Term
Lipari v. Sears (1980)
Definition
Duty to protect non-specific victims (the public)
Term
Jablonski v. U.S. (1983)
Definition
failure to request records that showed danger
Term
Durham v. US (1954)
Definition
The accused is not criminally responsible if his unlawful act is the product of mental disease or defect
Term
Washington v. US (1967)
Definition
barred psychiatrists from testifying to the ultimate issue
Term
Model Penal Code (1955) or ALI test
Definition
A person is not responsible for his criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Does NOT include psychopathy.
Term
Federal Rule 1984
Definition
In federal courts, insanity is affirmative defense, clear and convincing evidence:
“at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts.”
Term
Clark v. Arizona (2006)
Definition
Due process is NOT violated by eliminating “nature and quality” language from NGRI test or precluding expert testimony on diminished capacity.
Term
Ake v. Oklahoma (1985)
Definition
indigent defendants must be provided a psychiatrist to:
1. Assist in assessing NGRI defense
2. Help corss opposing expert
3. Help assess mitigating factors for death penalty phase
Term
Frendak v. US (1979)
Definition
A defendant may voluntarily and intelligently forego a NGRI defense. A court may impose an NGRI defense on an unwilling competent defendant who refuses it for irrational resons
Term
Jones v. US (1983)
Definition
- affirmed leaving the burden of proof on the NGRI aquitee
- aquitees may be held longer than max sentence
- Dangerousness is any criminal act
Term
Foucha v. Louisiana (1992)
Definition
Insanity aquitees must be both mentally ill and dangerous to be held.
Term
ERISA section 514
Definition
the provisions of ERISA supercede state laws
Term
ERISA sec 502a
Definition
may recover monetary value of denied claim only
Term
Corcoran v. United Health Care, Inc. (1992)
Definition
no emotional distress claims, no punitive claims
Term
Dukes v. US Healthcare, Inc
Definition
Malpractice claims made by HMOs are not preempted by ERISA. Failure to provide adequate care is malpractice.
Term
Frye v. US (1923)
Definition
Scientific evidence must achieve general acceptance in the scientific community
Term
Daubert v. Merrell Dow Pharmaceuticals (1993)
Definition
JUdges should consider: 1. whether the theory can be tested 2. peer review 3. error rate 4. standards 5. widespread acceptance
Term
General Electric v. Joiner (1997)
Definition
Ok to exclude expert based only on judge finding an experts finding unsupported.
Term
Kuhmo Tire v. Carmichael (1999)
Definition
Daubert standard applies also to soft sciences
Term
Painter v. Bannister (1966)
Definition
CHILD CUSTODY
Court awarded custody to the grandparents over father articulating best interest of the child standard.
Term
Standard of evidence for child custody
Definition
preponderance
Term
Parham v. JL and JR (1979)
Definition
Parents right to sign in children to hospital involuntarily uphel
Roper versus Simmons
The state cannot execute in individual admits to crying before the age of 18
Ford versus Wainwright
Questions the ability of the state to execute a person who is not in the right mind
Under Ford, once a prisoner seeking a stay of execution makes a “substantial threshold showing of insanity”, he must be afforded a fair hearing at which the question of his competence to be executed can be resolved. This means he must have an “opportunity to be heard” by an impartial decisionmaker. In other words, the legal determination of his competence to be executed cannot rest solely on the determination of experts, because doing so would prevent the inmate from offering evidence to rebut any expert’s opinion that he was competent to be executed.
Panetti v. Quarterman
a decision by the Supreme Court of the United States, ruling that criminal defendants sentenced to death may not be executed if they do not understand the reason for their imminent execution, and that once the state has set an execution date death-row inmates may litigate their competency to be executed in habeas corpus proceedings
Atkins versus Virginia
Mentally retarded may not be able to adequately defend themselves.
Mentally retarded people may not be able to make appropriate decisions.
Executing a mentally retarded person serves no societal purpose
Suicide rates in mental disorder
suicide part of natural course of untreated psychiatric illness; estimated to occur in 5% to 10% of patients with personality disorders, 4% to 5% of patients with schizophrenia, 6% of patients with affective disorders, and 7% of patients with alcohol abuse disorder who do not receive treatment
Bellah v Greenson (California)
Bellah v Greenson (California) set precedent for courts nationwide;
