Legal, Ethical and Therapy Issues

Question 1

forensic psychology

Answer 1

The intersections between the mental health field and the legal and judicial system

Question 2

The legislative and judicial systems have a relationship in what two aspects regarding psychology?

Answer 2

“Psychology in law”- Mental health professionals often play a role in criminal justice system

“Law is psychology”- The legislative and judicial systems are responsible for regulating certain aspects of mental health care

Question 3

Psychology in Law

Answer 3

Court needs to assess responsibility and capacity to contribute toward a defense
-ex. people with “severe mental instability” may not be responsible for actions or defend themselves in court

Question 4

Criminal Commitment

Answer 4

When people are accused of crimes and are judged to be mentally unstable and are sent to a mental institution for treatment

Question 5

Mentally unstable at the time of crime

Answer 5

Found not guilty by reason of insanity (NGRI) and committed until improved enough to be released (not all forms of mental illness makes one not guilty)

Question 6

Mentally unstable at the time of trial

Answer 6

Committed until competent to stand trial

Question 7

M’Naghten Rule

Answer 7

Traced back to the 1843 murder trial of Daniel M’Naghten

1955 a combination of all three rules was used

1983 returned to just M’Naghten

The rule states that experiencing a mental disorder at the time of crime does not by itself mean that the person was insane; the defendant also had to be unable to know right from wrong

Question 8

The Irresistible Impulse Test

Answer 8

Used in 19th century

This test emphasized the inability to control one’s actions (“fit of passion” defense”)

Question 9

The Durham Test

Answer 9

Briefly popular

People were not criminally responsible if their “unlawful act was the product of mental disease or defect”

Question 10

Guilty but Mentally Ill Plea

Answer 10

Allows a person to be found to be guilt but incarcerated in a mental hospital rather than a prison

Question 11

Insanity defense

Answer 11

Applies to the mental state of the person at the time of the crime

Question 12

Competency

Answer 12

Asses whether the person has sufficient current mental presence to stand trial
ex. be able to communicate with their attorney, have rational and factual understanding of the proceedings

Question 13

Civil Commitment

Answer 13

Person has not committed a crime.

Involuntary placement in a psychiatric hospital

• Person is Mentally Ill
• Person is judged to be a danger to themselves or others

Question 14

Protections for Committed Mental Patients

Answer 14

-Right to written notification to counsel
-Right to a jury decision regarding commitment
-Protection against self-incrimination
-Right to treatment and right to refuse treatment
EXCEPTION: Increased use of preventive detention of sexual predators

Question 15

Rights of Mentally Ill

Answer 15

• The right to be treated during incarceration
• The right to have their status reassessed during extended commitments
• The right to refuse treatment
• The right to be treated in the least restrictive environment

Question 16

Criticism of Insanity Defense

Answer 16

• Fundamental difference between the law and the science of human behavior
• Uncertainty of scientific knowledge about abnormal behavior
• Defense allows dangerous criminals to escape punishment (in reality less than 1%)

Question 17

Criticisms of Civil Commitment

Answer 17

• Difficult to assess dangerousness
• Legal definition of “mental illness” and “dangerousness” are vague
• Civil commitment has questionable therapeutic value

Question 18

What other ways do the clinical and legal fields interact?

Answer 18

Malpractice suits, Professional boundaries, Jury selections, Psychological research of legal topics

Question 19

The code of the American Psychological Association (APA)

Answer 19

• Psychologists are permitted to offer advice
• Psychologists may not conduct fraudulent research, plagiarize the work of others, or publish false data
• Psychologists must acknowledge their limitations
• Psychologists who make evaluations and testify in legal cases must base their assessments on sufficient information and substantiate their findings appropriately
• Psychologist may not take advantage of clients and students, sexually or otherwise
• Psychologists must follow the principle of confidentiality

Question 20

Confidentiality

Answer 20

Implies that information shared with a physician or psychologist will not be revealed to others

Question 21

Privileged Communication

Answer 21

Involves a relationship that is protected by law
ex. husband and wife
physician and patient
attorney and client
psychologist and patient