Legal Involvement Flashcards
The Tarasoff Rule
a ruling that psychologists have a duty to protect potential victims who are in imminent danger
duty to warn
if direct, detailed threats or plans of violence are shared, the therapist has a duty to warn the intended victim and/or the proper authorities
least restrictive environment rule
patients should be offered treatment in the simplest form possible
circumstances under which information can be shared without a patient’s consent
during litigation
when the person is a police suspect
marketing efforts by health providers
research
situations in which confidentiality can be legally violated
when a patient gives permission
when a clinician has cause to suspect abuse of children, elderly, or disabled
when a clinician has belief that the patient is likely to harm themself or attempt suicide
when the clinician has belief that the patient is likely to harm a specified other person
privileged communication
confidential information that is protected from being disclosed during legal proceedings
criminal responsibility
the determination that a defendant’s crime was the product of both an action or attempted action (the criminal behavior) and the intention to perform that action
insanity
legal concept of whether a person was criminally responsible at the time they committed the crime
right to refuse treatment
unless a patient is a danger to themself or others in that exact moment, they cannot be forced to take medication
The M’Naughten Test
a legal test in which a person is considered insane if, because of a defect of reason from a disease of the mind, he or she did not know what they were doing at the time of committing the act and did not know that it was wrong
The Irresistible Impulse Test
a legal test in which a person is considered insane if he or she knew the criminal behavior was wrong but nonetheless performed it because of an irresistible impulse
The Durham Test
a legal test in which a person is considered insane if an irresistible impulse to perform criminal behavior was due to a mental defect or disorder present at the time of the crime
(still used in New Hampshire)
The American Legal Institute Test
a legal test in which a defendant is considered insane if he or she either lacks a substantial capacity to appreciate that his/her behavior was wrong, or has a diminished ability to make his/her behavior conform to the law
used today in federal court
Insanity Defense Reform Acts of 1984 and 1988
restrict the American Legal Institute Test to consider diminished capacity, end the irresistible impulse element, and regulate that just having a disorder in itself is not enough for an insanity defense
diminished capacity
a person, due to mental illness or defect, was less able to understand that the criminal behavior was wrong or to formulate a specific intention; the person is still considered guilty but receives modifications
guilty but mentally ill (GBMI)
a convicted defendant is found to be responsible for the crime but is sent to a psych facility; if mental health improves over time, may be sent to prison
mental illness
legal term meaning severe emotional or thought disturbance that negatively affects an individual’s health and safety
competency to stand trial
ability to understand the charges brought against you and to be able to help with your own defense
dangerousness
someone’s potential to harm themself or others
four components of dangerousness
severity, imminence, frequency, probability
criminal commitment
the involuntary commitment to a mental health facility of a person charged with a crime
pleas that can be entered into at trial
NGRI
GBMI
diminished capacity
civil commitment
the involuntary commitment to a mental health facility of a person deemed to be at significant risk of harming themself or a specific other person
two types of civil commitment
24-hour inpatient
outpatient
parens patriae
the concept that the government can act as a caregiver, functioning as a parent to people who are not able to care for themselves
types of guidelines for patients rights during commitment
circumstances necessary for involuntary commitment
duration of commitment
who decides when it ends
right to refuse treatment
mandated outpatient commitment
a patient ordered through the court system to continue treatment on an outpatient basis with the goal of reducing the need for hospitalization
the revolving door cycle
discharge from inpatient care
stopping medication
becoming dangerous
being sent back to the hospital, or to jail
a revolving door policy
only admitting the most severe cases for 4-7 days, stabilizing them, then sending them back out into the community for continuation of treatment
circumstances considered when wanting to override a patient’s refusal of treatment
patient is physically threatening to others
the proposed treatment carries only a small risk of irreversible side effects
there are no less restrictive treatments available
patient has significantly diminished capacity to make rational decisions
goals of deinstitutionalization
close large state hospitals
create community mental health centers
reasons that community mental health center implementation was unsuccessful
major lack of funding
cannot keep up with the high demand
two outcomes of deinstitutionalization
a revolving door policy
transinstitutionalization
transinstitutionalization
individuals not getting the treatment they need later showing up in other, unrelated institutions
(nursing homes, prisons, etc.)
least restrictive treatment policy
patients should receive the simplest form of treatment that is still effective, specifically when involuntarily committed
minimal criteria for treatment
staffing ratio
number of hours per week of treatment
individualized treatment plans
