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49 Cards in this Set
- Front
- Back
Forensic psychiatrists are held to what 4 standards? |
1) Confidentiality 2) Consent 3) Honesty and striving for objectivity 4) Qualifications |
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Which amendment provides for the right to trial by jury in certain civil cases, according to commo law? |
7th |
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Which amendment prohibits the quartering of soldiers in private homes with the owner's consent during peacetime? |
3rd |
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Which amendment revises the presidential election procedures? |
12th |
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Which amendment sets out rules for indictment by grand jury and eminent domain? |
5th |
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Which amendment protects rights not enumerated in the Constitution? |
9th |
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Which amendment reinforces the principle of federalism by stating that the federal government possesses only those powers delegated to it by the states or the people thought the Constitution? |
10th |
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Which amendment prohibits unreasonable searches and seizures, and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate? |
4th |
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Which amendment prohibits excessive fines and excessive bail? |
8th |
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Which amendment defines citizenship? |
14th |
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Which amendment makes states immune from suits from out-of-state citizens and foreigners not living within the state borders? |
11th |
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Which amendment protects the right to keep and bear arms? |
2nd |
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Which amendment provides for the right to a fair and speedy trial by jury in certain civil cases, according to common law? |
6th |
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Which amendment profits the making of any law respecting an establishment of religion? |
1st |
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Which amendment protects the right to due process? |
5th |
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Which amendment prohibits cruel and unusual punishment? |
8th |
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Which amendment deals with post Civil War issues? |
14th |
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Which amendment prohibits laws that abridge the freedom of speech? |
1st |
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Which amendment abolishes slavery and involuntary servitude, excerpts as punishment for a crime? |
13th |
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Which amendment prohibits laws that impede the free exercise of religion? |
1st |
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Which amendment provides the right to race an accuser? |
6th |
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Which amendment prohibits laws interfering with the right to peaceably assemble? |
1st |
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Which amendment prohibits self incrimination? |
5th? |
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Which amendment contains the Privileges or Immunities Clause? |
14th |
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Which amendment lays the foundation for sovereign immunity? |
11th |
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Which amendment prohibits double jeopardy? |
5th |
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Which amendment prohibits the infringement on the freedom of press? |
1st |
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Which amendment contains the due process clause? |
14th |
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Which amendment protects the right to a fair and speedy public trial by jury? What is included in the right to a fair and speedy public trial by jury? |
5th The right to a fair and speedy trial includes - right to be notified of the accusations - right to confront the accuser - right to obtain witnesses - right to retain counsel |
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Which amendment contains the Equal Protection Clause? |
14th |
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Which amendment prohibits laws that prohibit the petitioning for a governmental redress of grievances? |
1st |
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Outline the 1st amendment: |
Prohibits the making of any law... - respecting an establishment of religion - impeding the free exercise of religion - abridging the freedom of speech - infringing on the freedom of the press - interfering with the right to peaceably assemble - prohibiting the petitioning for a governmental redress of grievances |
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Outline the 2nd amendment: |
protects the right to keep and bear arms |
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Outline the 3rd amendment: |
prohibits the quartering of soldiers in private homes without the owner's consent during peacetime |
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Outline the 4th amendment: |
- prohibits unreasonable searches and seizures - sets out requirements for search warrants based on probably cause as determined by a neutral judge or magistrate |
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Outline the 5th amendment |
- Sets out rules for indictment by grand jury and eminent domain - protects the right to due process - prohibits self incrimination and double jeopardy - protects the right to a fair and speedy trial by jury |
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What is included in the right to a fair and speedy trial by jury? |
- the right to be notified of the accusations - the right to confront the accuser - the right to obtain witnesses - the right to retain counsel |
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Outline the 6th amendment: |
- provides the right to a fair and speedy trial by jury in certain civil cases, according to common law - provides the right to face an accuser |
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Outline the 7th amendment: |
- provides the right to a trial by jury in certain civil cases, according to common law *** this amendment does not stipulate a fair and speedy trial |
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Outline the 8th amendment: |
- prohibits excessive fines and secretive bail - prohibits cruel and unusual punishment |
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Outline the 9th amendment: |
protects rights no enumerated in the Constitution |
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Outline the 10th amendment: |
- reinforces the principle of federalism by stating that the federal government possesses onlythose powers delegated to it by the states or the people through the Constitution |
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Outline the 11th amendment: |
- makes states immune from suits from out-of-state citizens and foreigners not living within the state borders - lays the foundation for sovereign immunity |
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Outline the 12th amendment: |
Revises the presidential election procedures |
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Outline the 13th amendment: |
abolishes slavery and involuntary servitude (except as punishment for a crime) |
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Outline the 14th amendment: |
- defines citizenship - contains the Privileges or Immunities Clause - contains the Due Process Clause - contains the Equal Protection Clause - deals with post Civil War issues |
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What are the 4 reasons a patient's psychiatrist cannot be their expert? |
- Clinical, legal, and ethical incompatibilities - there is a lack of warnings on the clinical role - testimony could actually harm the examinee/patient - clinical focus of treatment is bias |
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What are the 5 standards of proof (in order of lowest to highest and with percentages)? |
- reason to believe (lowest) - probable cause (<50%) - preponderance of the evidence (51%) - clear and convincing (70 to 80%) - beyond a reasonable doubt (>90%) |
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What are the 4 principles of psychiatric-legal report writing? |
- clarity - simplicity - brevity - humanity |