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Abnormal Pyschology > Mental Health and the Law > Flashcards

Mental Health and the Law Flashcards

1
Q

Legal Definition of Mental illness

A

Impairments in psychological functioning that are stable, involuntary and internal

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2
Q

Vocational Impairment

A

Inability to control behaviour

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3
Q

Constitutional Law

A

Laws that define roles of different branches of government

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4
Q

Statutory Law

A

Written laws

Civil
Criminal

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5
Q

Civil Law

A

Private party disputes

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6
Q

Criminal Law

A

Intentional harm to individuals

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7
Q

Common Law

A

Legal precedents

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8
Q

Risk Assessment

A

Prediction and management of people who are at risk for committing a criminal act

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9
Q

Purpose of risk assessments

A

Determine risk
Provide guidance
Identify risk factors
Recommend treatment

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10
Q

Nondiscretionary approach (ND approach)

A

Use statistical concepts to rate risk

Doesn’t account for changing risk level

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11
Q

Discretionary Approach

A

ND approach + ability to override actuarial risk level

Flexibility and adaptability

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12
Q

Criminal offenders usually have a mental illness

A

True, 94% have at least one mental illness

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13
Q

Most common disorder offenders have

A

Substance Use Disorder (86%)

Not considered a legal mental illness

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14
Q

Second most common mental illness offenders have

A

Anti-social PD (64%)

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15
Q

Criminal offences require

A

Actus Reus

Mens rea

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16
Q

Actus Reus

A

Bad act

17
Q

Mens Rea

A

Bad intention

18
Q

While browsing in a CD store, Rasheed ran into a friend from his old school. They
decided to get a coffee. As they left the store, Rasheed forgot that he had a CD he was
considering buying under his arm.

A

Actus Reus but no Mens Reus because Rasheed did nit intend to steal the CD

19
Q

Bobby wants to get Billy suspended from the next soccer game because Billy drank his juice box at lunch. After a brief verbal exchange, the two players drop their gloves and start punching each other. When the referee notices Billy’s nose bleeding, he stops the
fight. Billy is not seriously hurt but he sits out the rest of the period.

A

Mens Rea but no Actus Reus because the fight was mutual

20
Q

Jolanda and Iman are arguing in the hall near the stairs. Jolanda has just found out that Iman has
been cheating with Jolanda’s boyfriend for the past few months. Jolanda’s really angry so she
punches Iman in the face as hard as she can. Iman falls backward down the stairs. When the
paramedics come she is lying motionless on the bottom of the stairs. They cannot revive her. Jolanda
feels really bad and tells the police she didn’t mean to hurt Iman badly or make her fall down the
stairs.

A

Actus Reus and Mens rea for manslaughter because
she intentionally assaulted Iman and the average person would think that a hard punch could cause
harm.

21
Q

What portion of a criminal act can mental illness negate

A

Mens Rea

22
Q

Not Criminally Responsible requires:

A
  1. Legal mental illness
  2. Inability to appreciate consequences of act or that the act was wrong
  3. These two factors must be linked casually
23
Q

Most people who get NCR commit what type of crimes

A

Small, non-violent crimes

24
Q

Gender differences in NCR defence

A

84% men

25
Q

Detained in hospital

A

Stay in hospital till they have totally improved

26
Q

Conditional Discharge

A

They can leave but they have conditions they must follow

27
Q

Absolute/ Nonconditional discharge

A

Let out with no conditions

28
Q

Bill C-30

A

Regular assessments must occur

They must pose a significant threat to society to stay in hospital

29
Q

What do offenders need in order to be considered fit for trial

A

They must have limited cognitive capacity

Don’t have to be able to make good decisions

30
Q

Fitness Interview Test

A
  1. Must understand factual knowledge of criminal proceedings
  2. Understand the possible outcomes of trial
  3. Ability to communicate facts about the case
31
Q

Mental states of NCR and fitness

A

NCRMD: focus on time of offense
Fitness: focus on time of trial

32
Q

Possible Dispositions of trial

A

Fit + NCRMD
Fit + guilty
Unfit + guilty
Unfit + NCRMD

33
Q

What criteria must be met for involuntary hospitalization

A
  1. Must be suffering from a mental illness
  2. Unwilling/unable to agree to hospitalization
  3. Acute risk to self or others

Abnormal Pyschology (8 decks)

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