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21 Cards in this Set
- Front
- Back
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Civil Commitment Laws
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*Legal declaration of mental illness
*When can a person be placed in a hospital for treatment *Such laws and definitions are by state |
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General Criteria for Civil Commitment
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*Person has a mental illness and needs treatment
*Person is dangerous to self and others *Grace disability-inability to care for self |
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Government Authority Over Civil Commitment
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*Police power: health, welfare, and safety of society
*Parens Patriae: state acts a surrogate parent |
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Civil Commitment Process: Initial Stages
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*Person fails to seek help
*Others feel that help is needed *Petition is made to a judge on the behalf of the person *Individual must be notified of the commitment process |
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Civil Commitment Process: Subsequent Stages
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*Involve normal legal proceedings in most cases
*Should a person be committed? *Determined by a judge |
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Defining Mental Illness
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*A legal concept: severe disturbances
*Not synonymous with a psychological disorder *Definitions vary by state *Often excluded conditions include mental retardation and substance-related disorders |
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Dangerousness to Self or Others
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*Central to commitment proceedings
*Assessing dangerousness: role of mental health professionals *Knowns and unknowns about violence and mental illness |
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Problems With the Process of Civil Commitment: Early Supreme Court Rulings
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*Restrictions on involuntary commitment
*A non-dangerous person cannot be committed *Need for treatment alone is not enough *Having a grave disability is insufficient |
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Consequences of Supreme Court Rulings
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*Criminalization of the mentally ill
*Increase in homelessness *Deinstitutionalization: Mentally ill to community care |
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Modifications to Civil Commitment Procedures
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Civil commitment criteria were broadened
*Involuntary commitment for both dangerous and non-dangerous persons, for persons in need of treatment National Alliance for the Mentally Ill argued for further reforms |
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Overview of Criminal Commitment
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*Accused of committing a crime
*Detainment in a mental health facility for evaluation *Focus on fitness to stand trial *Found guilty or not guilty by reason of insanity |
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The Insanity Defense
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*A legal statement
*Accused of not guilty of insanity at time of crime *Defendant sent to a treatment facility rather than prison *Diagnosis of a disorder is not the same as insanity |
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Definitions of Insanity
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M'Naghten Rule: insanity defense originated here
Durham Rule: more inclusive definition American Law Institute Standard *knowledge of right v. wrong *self-control *diminished capacity |
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Consequences of the Insanity Defense
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*Public misperceptions and outrage
*Facts about the insanity defense: used in less than 1% of criminal cases, spend more time in mental hospital than in jail *Changes regarding the insanity defense: insanity defense reform act, guilty but mentally ill (GBMI) |
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Therapeutic Jurisprudence
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Overview: Using knowledge of behavior change to help those in trouble with the law
*Problem-solving courts: addresses unique needs of people with specific problems ex: delayed sentencing under the condition the individual holds a job for six months |
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Requires for Competence to Stand Trial
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*Understanding of legal charges
*Ability to assist in one's own defense *Essential for trial or legal processes *Burden of proof is on the defense |
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Consequences of a Determination of Incompetence
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*Loss of decision making authority
*Results in commitment but with limitations |
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Role of Expert Witnesses in Civil and Criminal Proceedings
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*Person with specialized knowledge and expertise
*Assist in competency determinations *Assist in making reliable DSM diagnoses *Advise the court *Assess malingering (faking symptoms) |
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Patient's Rights
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1. The right to treatment
2. The right to the least restrictive alternate 3. The right to refuse treatment |
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Research Participants Rights
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1. Right to be informed about the research
2. Right to be informed about the purpose of the research 3. Right to privacy 4. Right to be treated with respect and dignity 5. Right to be protected from physical and mental home 6. Right to choose or to refuse to participate in research 7. Right to anonymity in report of study findings 8. Right to safeguarding of records |
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Summary of Ethical and Legal Issues in Mental Health Services
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*Societal views and laws about mental illness have changed overtime
*Mental illness is a legal term NOT a psychological term *Civil Commitment is a legal process *Criminal commitment: involves criminal behavior and mental illness, competence, insanity, and criminal culpability *Role of Mental Health Professionals in legal matter *Rights of patients and research subjects *The future of mental health care |
