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20 Cards in this Set

  • Front
  • Back

civil commitment

the legal process of placing a person in a psych facility, even against his or her will. Or anything a judge tells you, you must do – mandated treatment of any kind.

criminal commitment

the legal process of confining a person found not guilty by reason of insanity in a mental institution.

conservator

someone in charge of someone incapable of taking care of themselves - court ordered.

Tarasoff Case

the duty to warn potential victims and police.

1972 Wyatt v. Stickney

established minimum standard of care provided by psych hospitals.




- humane psychological and physical environment.




- qualified staff in sufficient numbers.




- individualized treatment plans.

O'Connor v. Donaldson

Donaldson was was confined w/out treatment for 14 years.

Right to refuse treatment - Rogers v. Okin.

can't force medication on patients. unless they are dangerous/emergency.

Insanity defense

a legal defense in which a defendant in a criminal case pleads not guilty on the basis of insanity.




the defense has to prove that the person didn't know what they were doing.




has to be the result of a mental disease or defect. can't use antipersonality disorder

competency to stand trial

the ability of criminal defendants to understand the charges and proceeding brought against them and to participate in their own defense.




may be confined to a mental hospital, get treatment, so they can participate.

determining the length of criminal commitment

gray area - Jones case - ended up in a mental hospital for way longer than his actual case would be.

predicting dangerousness

mental health professionals tend to over predict dangerousness - it's partially about licensing - it's on the line.

the post hoc problem

recognizing violent tendencies after a violent incident occurs is easier than before.

Base-Rate Problems

the relative difficulty of making predictions about infrequent or rare events.

problems defining dangerousness

one difficulty is the lack of agreement about what types of behavior are violent or dangerous.

unlikeliness of disclosure of direct threats of violence

client not likely to inform specifics.




more likely vague and nonspecific.




therapist must infer dangerousness from hostile gestures and veiled threats.




vague, indirect threats of violence are less-reliable indicators of dangerousness than specific direct threats.

predicting behavior in the community from behavior in the hospital

long-term predictions are often wrong - because people are on their best behavior in the hospital

is mental illness a good predictor of violence?

research evidence shows that this is at best a weak predictor of violent behavior.

Sentencing: Prison vs. Commitment?

if you are declared competent to stand trial - you are going to prison if found guilty.



however, the diagnosis can be a mitigating factor - example: diminished capacity may lighten sentence.

mitigating circumstances

things that help the defendant

aggravating circumstances

things that hurt the defendant