Quiz 2 Key Terms Flashcards
Civil Commitment
the decision a judge makes when a person alleged to be mentally ill should go to a psychiatric hospital
Parens Patriae
State can intervene for wellbeing
Police Power
Right to intervene in lives of individuals who break the law
Psychiatric Hospital Beds
numbers have drastically decreased due to deinstitutionalization and pharmaceuticals
Dangerousness Criteria
Person must pose a threat to themselves and/or others to be committed
Wyatt v. Stickney
Right to individual treatment, commitment stripped liberties
Patient Rights
Rights to individual treatment, treatment litigation and if free, treatment refusal
Criminalization of Mental Illness
Mass incarceration of the mentally ill following deinstitutionalization
Transinstitutionalization
refers to movement of mentally ill from mental hospitals to jails and prisons (result of deinstitutionalization)
Competency
refers to person’s present ability to understand their situation
Insanity
Lacking capacity to understand wrongdoing and/or own mental illness
Anosognosia
Individual is unaware of their own condition
Dusky v. United States
Set standard for competency, hallucinating during trial, was oriented but not “present”
Dusky Standard
defendant must understand the proceedings (rational and factual) and be able to assist attorney
Jackson v. Indiana (1973)
You can’t hold a person for competency restoration longer than “reasonable” (either commit them or let them go)
Drope v. Missouri (1975)
Defense attorney and BOTH judge & prosecution have obligation to raise issue of competence
Godinez v. Morgan (1993)
Waiver of rights must be intelligent and voluntary, competency cannot be for “one purpose”
Competency Assessments
Used to assess awareness and mental capacity of individuals
Sell v. United States
Competency to stand trial and refuse treatment are NOT the same thing
Post-Hinckley Case
First examples of expert testimony, burden of proof placed on the prosecution
Guilty but Mentally Ill (GBMI)
finds defendant guilty but recognizes they have a mental illness and decides if they need treatment
Commitment v. Sentence
commitment is often longer than the sentence would be, and places individuals in psychiatric facilities
Conditional Release
shall grant release unless is is clear the person would pose risk of bodily harm or inadequate environment
Revocation Factors
40% of prison admissions are for parole violation, mostly failure to report on time
Insanity Pleas
defendant is unaware of own actions or wrongness of actions due to a mental illness
Asylums
Originally created to keep mentally out of the public eye - created for the WEALTHY
Psychiatry Origins
Benjamin Rush - father, first to promote disease of the mind and not demon possession
Moral Treatment
if patients are treated civilly they will behave civilly, moral insanity (blatant violation of what is “right”)
Somatic Treatments
All introduced from Europe, received with great optimism
Electroshock
high voltage shock treatment, still used in some cases today
Lobotomy
severing of frontal lobe, widespread, “preemptive” lobotomies
Community Mental Health Centers
Medicare and Medicaid, established in hopes of deinstitutionalization
Psychotropic Medication
prescriptions that alter the brain and nervous system to treat mental illness & behavior issues
Deinstitutionalization
push to rid the asylums, community mental health centers, criminalization
Mental Health Policy Decisions
1981 Reagan cut federal mental health funding by 30%
Lessard v. Schmidt
WI established requirement for evidence, requirement for proof for need of commitment beyond reasonable
O’Connor v. Donaldson
Ruled person must be dangerous to be confined
Lake v. Cameron
court required spectrum of services to be considered, including outpatient
Ipsi Dixit
he himself said it (Latin)
Expert: because I said so
Fact Witness
can testify to facts ONLY, confined to lived experiences
Expert Witness
can give opinion/thoughts on area of expertise
Daubert Decision
Laid out guidelines for admitting expert evidence into court
Federal Rule 702
Expert Witness Qualifications
The court can qualify someone as an expert witness based on:
* Skills
* Field
* Knowledge
* Education
*Experience
What psych expert convinces a jury most?
An expert who mostly sees patients
Mens Rea
Diminished capacity if mens rea is lacking (criminal intent)
Legal Positivism
actus rea is the only relevant matter, there is no why or why not
Sociological Jurisprudence
Social factors matter, mens rea matters, depends on social factors
Frye Decision
expert evidence must be limited to methods that are “generally accepted” in the field in question
Kuhmo Tire Decision
Judges get to decide what expert testimony gets admitted as evidence
