Landmark Cases Flashcards
Canterbury v. Spence (DC COA 1972)
Informed consent: physicians have to divulge what reasonable pt would want to know, not what physicians would determine for themselves
Lifschutz in re (2 Cal 1970)
Psychotherapist does not get to claim absolute confidentiality regardless of pt’s wishes
Doe v. Roe (NY 1977)
Without waiver, psychiatrist can’t disclose facts obtained from pt during tx
Commonwealth v. Kobrin (Mass 1985)
Privilege does not apply absolutely to all medical records necessary for a specific legal inquiry
Jaffe v. Redmond (1996)
Psychotherapist-pt communications are confidential and protected from compelled disclosure
M’Naghten (1843)
Defendant is not responsible only if he was so insane he didn’t know what he was doing or that it was wrong
Durham v. U.S. (1954 DC COA)
Once any evidence of mental disease introduced, prosecution must show the crime was not the product of this ds beyond a reasonable doubt
Sims v. State (2005)
Appropriate standard for appellate review is not if the State provided any evidence of competency, but whether a rational person could agree that the defendant failed to prove incompetency
Sell
The State can administer involuntary drugs to restore competency, but only if medically appropriate, necessary and likely to restore competency, and for a compelling government interest.
Harper
Can administer, but only if in best medical interests and state has compelling interest
Riggins v. Nevada
may be able to administer invol meds to restore competency, but only if medically appropriate and can’t get by less intrusive means
Indiana v. Edwards
Defendant may be CST but not competent to represent self, and the State can insist on representation by counsel then
Johnson v. State
In proposing involuntary tx, the State must explicitly conclude all 4 parts of Sell
Application of Presidents and Directors of Georgetown College (DC COA 1964)
Appropriate to administer life-saving care without consent if it is necessary and likely to preserve status quo for full consideration.
Rennie v. Klein (US COA 3rd Cir)
Involuntarily committed pt has constitutional right to refuse tx, but medical professionals can administer necessary medications as long as using professional judgment
Rogers v. Commissioner of Mental Health
Incompetence and substituted judgment are judicial matters and not invoked with involuntary commitment
Washington v. Harper
State does not require full judicial hearing to involuntarily administer meds, as long as inmate represents harm self/others, tx is in inmate’s medical interests, and certain safeguards are met
Hargrave v. Vermont
State can’t override DPOA to administer invol meds just bc committed
Wyatt v. Stickney
Committed pts have right to at least minimum standards of habitation and care regardless of funding limitations
Estelle v. Gamble
Deliberate indifference to pts’ medical needs violates 8th amendment, but questionable medical judgments do not
Youngberg v. Romeo
Committed pts have a right to reasonably safe conditions and minimally necessary restraints
Parham v. JR (SCOTUS 1979)
Parents or guardians can consent for hospitalization of a minor against the minor’s will, as long as a neutral party has determine it’s appropriate
Landeros v. Flood (CA SC 1976)
Physicians can be held liable if they fail to dx/report child abuse, and the child suffers cont’d injuries
People v. Stritzinger (CA SC 1983)
Privilege allows you to report child abuse but not submit unlimited testimony regarding any details to interested law enforcement
Painter v. Bannister (IA SC 1966)
When determining custody, safety and stability should be considered as paramount for best interests of the child
Santosky v. Kramer (SCOTUS 1982)
State may terminate custody rights under their own procedures such as “permanent neglect,” but must provide clear and convincing evidence
Board of Education v. Rowley (SCOTUS 1982)
Schools must provide assistance to ensure handicapped children benefit adequately from school services, but not maximum assistance to fully commensurate them vs. non-handicapped children
Irving Independent School District v. Tatro (SCOTUS 1984)
Medical services that are not for diagnostic/evaluative purposes may qualify as a “related service” that school districts must provide
In re: Gault (SCOTUS 1966)
Juvenile defendants have same rights of due process afforded to adults
Roper v. Simmons (SCOTUS 1984)
Execution of defendants under 18 at time of the crime is cruel and unusual punishment.
Frye v. United States (DC COA 1923)
Expert testimony permissible as long as opinions deduced from methods generally accepted in that scientific field
Daubert v. Merrell Dow Pharmaceuticals (SCOTUS 1993)
Admissability of scientific testimony not based on general acceptance, but by trial judge’s determination of reliability and relevance
Kumho Tire v. Carmichael (SCOTUS 1999)
Daubert reliability and relevance standards apply to all expert testimony, not just specific techniques
Frendak v. U.S. (DC COA)
Court may not impose insanity defense on individual who knowingly/voluntarily/intelligently rejects that defense
Foucha v. Louisiana (SCOTUS 1992)
NGRI acquitees can only be held for dangerousness in context of mental illness, not PD
Clark v. Arizona (SCOTUS 2006)
States can have own insanity standards, and M’Naghten doesn’t have to be basis
Lake v. Cameron (DC COA 1966)
Court should investigate appropriate less restrictive alternatives if involuntarily committed patients petition for release
Lessard v. Schmidt (Wis Dist Ct 1972)
Individuals can only be involuntarily committed if they represent extreme likelihood of immediate harm, and they are afforded the same rights as criminal defendants
O’Connor v. Donaldson (SCOTUS 1975)
State cannot confine non-dangerous individuals who are capable of living with willing and able family or friends
Roy v. Hartogs (NY SC 1976)
Sexual acts with patients qualify as malpractice
Clites v. Iowa (IA COA 1982)
Overuse of antipsychotics and restraints, especially without informed consent, qualifies as malpractice.
Atkins v. Virginia (SCOTUS 2002)
Execution of intellectually disabled criminals violates the 8th amendment.
Baxstrom v. Herold (SCOTUS 1966)
Holding a convicted prisoner in a corrections hospital beyond the term of their sentence without jury review violates equal protection.
Panetti v. Quarterman (SCOTUS 2007)
Prisoners can submit a late claim of incompetency to be executed, and their mental illness should be considered even if they can state the facts of the case.
Allen v. Illinois (SCOTUS 1986)
Proceedings aimed at treatment are civil in nature and do not require the full rights of criminal proceedings.
Kansas v. Hendricks (SCOTUS 1996)
Confinement acts meet due process so long as they require sufficient evidence of past behavior and mental abnormality, and they remain civil procedures so long as they offer release following resolution of dangerousness.
McCune v. Lyle (SCOTUS 2002)
Incentives towards self-incrimination do not violate 5th amendment protection from compelled self-incrimination.
Colorado v. Connelly (SCOTUS 1986)
The Due Process Clause protects against government coercion, not complete immunity from statements made while mentally ill.
North Carolina v. Alford (SCOTUS 1970)
A guilty plea made solely to avoid the death penalty is valid.
Kansas v. Crane (SCOTUS 2002)
Civil commitment for dangerous sexual predatory behavior requires some lack-of-control determination.
State v. Hurd (SC NJ 1980)
I can’t believe we have to say this, but no hypnotism.
Dillon v. Legg (SC CA 1968)
Zone of danger includes emotional injury, not just physical injury.
Robinson v. California (SC CA 1962)
State can only prosecute for illegal acts, not the status of addiction.
Tarasoff v. Regents of UC (CA SC 1976)
Therapists have a duty to protect third parties based on a patient’s threats.
Meritor Savings Bank v. Vinson (SCOTUS 1986)
A hostile work environment created by sexual harassment qualifies as sexual discrimination, regardless of economic or tangible ramifications.
Olmstead v. L.C., by Jonathan Zimring (SCOTUS 1999)
Financial constraints do not absolutely justify preventing patients from accessing more integrated treatment settings when medically appropriate.
