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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. |
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criminal commitment |
the legal process of confining a person found not guilty by reason of insanity in a mental institution. |
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conservator |
someone in charge of someone incapable of taking care of themselves - court ordered. |
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Tarasoff Case |
the duty to warn potential victims and police. |
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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. |
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O'Connor v. Donaldson |
Donaldson was was confined w/out treatment for 14 years. |
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Right to refuse treatment - Rogers v. Okin. |
can't force medication on patients. unless they are dangerous/emergency. |
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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 |
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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. |
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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. |
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predicting dangerousness |
mental health professionals tend to over predict dangerousness - it's partially about licensing - it's on the line. |
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the post hoc problem |
recognizing violent tendencies after a violent incident occurs is easier than before. |
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Base-Rate Problems |
the relative difficulty of making predictions about infrequent or rare events. |
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problems defining dangerousness |
one difficulty is the lack of agreement about what types of behavior are violent or dangerous. |
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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. |
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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 |
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is mental illness a good predictor of violence? |
research evidence shows that this is at best a weak predictor of violent behavior. |
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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. |
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mitigating circumstances |
things that help the defendant |
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aggravating circumstances |
things that hurt the defendant |