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Abnormal Test 4 > Law and Ethics > Flashcards

Law and Ethics Flashcards

1
Q

psychologists participation in legal actions and decisions

A
  • assess defendants’ state of mind in criminal actions

- offer expert testimony - ex. child custody, organic brain functioning, traumatic injury, suicde

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2
Q

APA “Amiscus Curiae” legal brief

A
  • “Friend of the court” (translation)
  • professional stance on specific issues
  • ex. child sex abuse (CA), Civil Commitment (OH)
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3
Q

What to do w/ mentally ill who commit crimes?

A
  • Psychiatric treatment facility or jail/prison?

- MI in prison: estimated as high as 56% (BJS, 2006)

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4
Q

“Insanity” defense or plea: Legal argument

A
  • “Not guilty by reason of insanity” (NGRI)
  • Used in less than 1% of cases and is rarely successful
  • MH diagnosis alone ≠ Insanity ~ Ex. Substance abuse, IDD
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5
Q

M’Naghten Rule (1843): The Right-Wrong Test

A

Comprehend the “nature” & “quality” of the act

Criticism – only a cognitive test and does not test for motivation, emotions, etc.

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6
Q

Nature

A

understand what he or she was doing

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7
Q

quality

A

understands his or her action was wrong

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8
Q

Irresistible Impulse Test

A

Lacks willpower to control impulse or behaviors

Criticism - What is an “irressistable impulse”?

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9
Q

Durham Standard (1954): The Products Test

A

Not responsible of crime if that action is a “product” of mental disease or defect

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10
Q

American Law Institute (ALI: 1962) model penal code

A
  • Unable to appreciate criminality of conduct or conform conduct to the requirements of the law: Cannot just be repeated criminal or antisocial behavior
  • “Diminished capacity” (1978): Some include w/i ALI: Unable to understand specific intent and knowledge of the criminal act
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11
Q

Congress: Insanity Defense Reform Act (1984)

A
  • Tried to set a standard for “NGRI” decisions

- Unable to appreciate “wrongfulness” of the crime at the time of the offense

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12
Q

Guilty, but mentally ill

A
  • Separates mental illness from “insanity” plea
  • Holds people responsible for their crimes
  • May ensure convicted are treated for mental illness
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13
Q

competent to stand trial - defendants mental state

A
  • Competent during psychiatric evaluation after arrest and before trial
  • Not competence at the time of the criminal offense
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14
Q

competent to stand trial - specific criteria

A
  • Proceedings: Factual understanding = understands legal charges and criminal offense
  • Proceedings: Rational understanding = understands evidence that is being presented
  • Legal counsel: Ability to rationally consult = able to help in own legal defense by assisting lawyer
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15
Q

Parens patriae

A

Latin: “Parent for the nation”
Government: authority to commit MI persons for their own best interest

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16
Q

Involuntary vs. voluntary civil commitment

A

CA.: 5150 (72-hour temporary civil commitment)

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17
Q

civil commitment - specific criteria

A
  • Poses Clear/imminent danger to self and others
  • Unable to care for Self or have others provide care
  • Unable to make responsible decisions about appropriate treatment or hospitalization
  • Unmanageable state of fright or panic
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18
Q

assessing dangerousness

A

Potential to harm self or others

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19
Q

assessing dangerousness - challenges

A

The Rarer something is, the more difficult it is to predict
Violence: function of both context and person’s characteristics
Strongest predictors = Past criminal behavior or history of violence/aggression
Definition of dangerousness is not clear?

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20
Q

Civil Commitment rationale

A

Prevent harm to self or others
Appropriate treatment & care provided
Ensure due process of the law

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21
Q

Civil Commitment involuntary

A
  • Most cases: client agrees to “voluntary” commitment

- Should MI be confined w/o trial or committing crime: Treatment or punishment

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22
Q

Civil Commitment: other motives

A

-Those who initiating commitment procedures may benefit more than individual - who benefits?

23
Q

Civil Commitment: Formal Process

A
  1. Petition to court: Usually by family member
  2. Formal hearing: Review testimony & evidence
  3. Court recommendations
24
Q

Civil Commitment: Formal Process: Petition to court

A

Competency: Person’s Mental state & dangerousness
Judge: Formal examination decision, Appoints 2 MH professionals to examine individual

25
Q

Civil Commitment: Formal Process: Formal hearing

A
  • MH report by professionals

- Evidence by others (e.g. family, co-workers)

26
Q

Civil Commitment: Formal Process: Court recommendations

A
  • Commitment with MH treatment

- Finite period of time must be determined

27
Q

Due process

A

Legal proceedings granted to everyone

Petition to judge/jury:Is commitment appropriate?

28
Q

Client’s right to treatment?

A 
Constitutional right (1966): No involuntarily commitment w/o treatment
Least intrusive forms of treatment (1975)
29
Q

Right to refuse MH treatment?

A

Cannot be forced to take medications: Severe negative Side effects (1992) & Increase Competent enough to stand trial (2003)

30
Q

Deinstitionalization: Shifts in responsibility for MH care

A

-Large state institutions → Community MH programs:
Psychiatric institutions: mainly custodial care & Insufficient funds for state hospitals
-Patient rights & mainstreaming: Integrate MI back into the community ASAP

31
Q

Deinstitutionalized - Criticisms

A

States: Relinquished responsibility for MI
-Not receiveing apropriate MH treatment
-Low quality care in residence
-Many Homeless or prison/jails
Communities: Lack preparation & resources?

32
Q

Deinstitutionalizations - Possible solutions

A

↑ provisions for more and Better community-based MH treatment facilities and alternatives
↑ Programs to deal w/ non-MH issues for MI
Ex. Housing, special care, and community treatment
May reduce homelessness and improve well being

33
Q

Client - Therapist relationship

A

Privacy: Individual rights
Protected by U.S. Constitution & 4th Amendment
Confidentiality: Professional “ethics” code
Privileged communication: “Legal” standards

34
Q

Client-Therapist Relationship - Privileged communication: “Legal” standards

A

Consent: Protects privacy & prevents disclosure of confidential communication

35
Q

Client-Therapist Relationship - Confidentiality: Professional “ethics” code

A

Consent: Protects privacy & prevents disclosure of confidential info

36
Q

Client-Therapist Relationship - Privacy: Individual rights

A

Protected by U.S. Constitution & 4th Amendment

37
Q

Privilege: Exceptions

A

Dangerousness
Vulnerable dependent person
Commitment or competency decision

38
Q

Privilege: Exceptions - dangerousnes

A

Presents danger to self or others

39
Q

Privilege: Exceptions - vulnerable dependent person

A
  • Less than 16 years old or dependent elderly person

- Suspected of being a victim of a crime - Ex. Child or elder abuse or rape

40
Q

Privilege: Exceptions - Commitment or competency decision

A

Civil/criminal commitment or competency to stand trial

41
Q

Privilege: Exceptions - Legal defense

A

Mental condition introduced as a defense in civil action by client

42
Q

Duty to Warn

A

Tarasoff v. UC Board of Regents (1969)

Therapist’s possible liability?

43
Q

Duty to Warn -Tarasoff v. UC Board of Regents (1969)

A
  • Court decision: therapist must Break confidentiality/privilege -> If client Poses “imminent” danger to another person
  • Must Warn intended victim -> Contacting police or hospitalization is not enough
44
Q

Duty to Warn -Therapist’s possible liability?

A
  • Failure to Diagnose/predict dangerousness
  • Failure to Warn potential victim(s)
  • Failure to Commit dangerous individuals
  • Premature discharge of dangerous clients from psychiatric hospital
45
Q

Duty to Warn - Criticisms

A
  • Therapists: “Double agents” = Clients vs. society/public: ethical and legal obligation?
  • Hostile clients: Counter-productive? - May be less likely to act out or become violent if allowed to vent hostile thoughts/feelings
46
Q

Duty to Warn - Disclosing of past/current crimes

A

May not be legally mandated to break confidentiality

Must assess current/future threats of “harm” or dangerousness

47
Q

Family Educational Rights & Privacy Act (1974)

A
  • Prevents universities from disclosing student’s personal data/info - Even to parents of minors! Parents: may seek Legal means for disclosure
  • Colleges: Treat students as “adults” - Students may be less inclined to share information if they knew rights were not confidential
48
Q

Sexual Relations W/ Clients - Sexual Misconduct

A

One of the most serious ethical violations

Explicitly prohibited by APA

49
Q

Dual Relationships

A
  • May be less objective or confrontational in therapy
  • May be fulfilling personal needs at the expense of the client’s needs
  • May exploit client using authority power
50
Q

Sexual Relations w/Clients - Professional Malpractice - lawsuit

A
  • Must have taken place in a professional therapeutic relationship
  • Evidence of negligent care to client
  • Demonstrable harm must have taken place -> Cause-effect relationship b/w negligence & harm
51
Q

Cultural Competence & MH Profession - current concepts culture bound?

A
  • Psychotherapy theories: Ethnocentric?
  • > Based on values of the middle-class, White Americans, individualism, etc.
  • Concerns about serving culturally different clients?
  • > Frequently antagonistic or inappropriate to life experiences
52
Q

Cultural Competence & MH Profession - APA ethical principles

A
  • ↑ Proper training/expertise in multicultural psychology
  • > ↑ Awareness of how own culture, life experiences, attitudes, values, & biases can influence MH provision
  • > Importance of cultural & environmental factors in diagnosis & treatment
53
Q

Cultural Competence & MH Profession - 3 reccommendations

A

↑ Cultural competence:

  • Become aware & deal with own cultural biases, stereotypes, & assumptions
  • Become aware of client’s culturally different values & worldviews
  • Develop culturally appropriate treatments that account for social, cultural, historical, & environmental influences for culturally different clients

Abnormal Test 4 (4 decks)

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