Mental Health & Law

Front 1

What are the purposes of criminal punishment?

Back 1

Retribution, Incapacitation, Rehabilitation, and Deterrence

Front 2

What is Retribution?

Back 2

Punishment is imposed when a person makes a CHOICE that deserves blame because it offends certain shared moral sensibilities; the person owes society a debt which must be paid  

Front 3

What is criminal responsibility?

Back 3

Criminal law assumes “free will,” but the law also assumes that mental disability reduces this capacity, thus making the person less blameworthy and less able to obey the law.

Front 4

Duress Defense

Back 4

When a person’s unlawful threat causes the defendant to reasonably believe that the only way to avoid imminent death or serious bodily injury to himself or others is to engage in conduct which violates the law, and the defendant acts on the belief 

Front 5

What is Diminished Capacity?

Back 5

Admit to committing crime, but shouldn’t be held responsible because of certain factors.

Mental state at the time of crime
Plead down to a lesser crime
Extenuating circumstances  

Front 6

Battered Woman Syndrome

Back 6

Some women who are subjected to abuse by their significant other develop “learned helplessness.” They often believe their batterer is all powerful and are financially and emotionally dependent on them. They often remain with the batterer instead of leaving.  

Front 7

The Battering Cycle

Back 7

1. Tension Building Phase
2. Acute Battering Phase
3. Reconciliation Phase 

Front 8

What are mitigating factors?

Back 8

Circumstances that lessen the offender’s responsibility:
- Juvenile at the time of the offence
- Minor participant in the murder
- Defendant believes crime is morally justified

Front 9

What are aggravating factors?

Back 9

Circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense.
Examples: Serious bodily harm, Deadly weapon, Kill judge, police officer, Heinous, cruel or vile manner to committing the crime

Front 10

What is the concept of Parens Patriae Commitment?

Back 10

Parens Patriae is the power and duties of the STATE in capacity as guardians of person under disabilities to act for themselves

Front 11

What is a Conservatorship?

Back 11

The delegation, by the state, of authority over one’s estate and financial affairs

Front 12

What is a Guardianship?

Back 12

The delegation, by the state, of authority over an individual’s person to another person … such as health decisions 

Front 13

What is the 6th Amendment?

Back 13

In all criminal prosecutions, the right to … a speedy and public trial, to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, to have the Assistance of Counsel for defense. 

Front 14

What is the 8th Amendment?

Back 14

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 

Front 15

Revolving Door System

Back 15

The patient spends their life shuffling back and forth from the hospital to the community. This is usually caused by patients who don’t take their medicine once they are released to the community.

Front 16

Concept of Habilitation

Back 16

A term used to refer to treatment and education of the developmentally disabled. It is a treatment plan for the developmentally disabled.  

Front 17

Furman v Georgia

Back 17

Outlaws death penalty across nation
U.S. Supreme court outlawed the death penalty because it was (1) arbitrary, (2) discriminatory application 

Front 18

Gregg v Georgia

Back 18

Reinstated possibility of death penalty

Required a separate trial for sentencing

Took away arbitrary factor 

Front 19

Kansas v Hendricks

Back 19

Case that lead to Sexually Violent Predator Act - which authorizes long-term commitment of a prisoner who has completed his sentence for a serious sexual offense if the person is found to be dangerous due to mental abnormality or personality disorder

Front 20

Lessard v Schmidt

Back 20

The Court ruled against the commitment law b/c the law permitted commitment without:
Proof of mental illness
Proof of dangerousness
Procedural changes implemented similar to those seen in criminal court

Front 21

Jackson v Indiana

Back 21

Equal Protection Case.
The Court imposed limitations on the duration of treatment to restore competency.
If you can’t be restored to your right mind, you need to be sent to civil court and drop criminal charges.

Front 22

Lynch v Baxley

Back 22

Alabama Commitment Law –
All elements must be met:
- Is the individual mentally ill?
- Because of mental illness, does person pose threat to self or others
- Recent overt act (60 days)
- Treatment is available
- Least restrictive alternative

Front 23

O’Conner v Donaldson

Back 23

Patient civilly committed for 15 years with no evidence of violence.
Right to Treatment Case that required patients have problem and receive treatment. This case starts the right to treatment movement.

Front 24

Foucha v Louisiana

Back 24

The case that determined if what sent you to the hospital (reason of insanity) is effectively treated, then under due process clause, the state does not have the right to hold you at the hospital

Front 25

Miranda v Arizona

Back 25

A person may not be subjected to custodial interrogation unless he understands and voluntarily waives the right to remain silent and the right to have an attorney present during interrogations  

Front 26

Dusky v U.S.

Back 26

Defined competency to stand trial test:
1. Understanding – the defendant must have some understanding of the criminal proceedings
2. Providing Information – the defendant has ability to consult with counsel in preparing defense

Front 27

Pate v Robinson

Back 27

The Supreme Court held that due process clause requires the court to order an inquiry into competency to stand trail anytime ther is a Bona Fide doubt on the issue.
Judge, Defendant, Defense Attorney, and Prosecutor. 

Front 28

Ford v Wainwright

Back 28

Persons convicted of capital murder and sentenced to death may not be executed unless competent to understand what is happening to them 

Front 29

Colorado v Connelly

Back 29

The Court ruled that in order for a waive of Miranda Rights to be valid, they waiver must have been waived
(1) knowingly, (2) intelligently, and (3) voluntarily. 

Front 30

Boykin v Alabama

Back 30

A guilty plea is not valid unless the accused understands the nature and consequence of the plea and enters the plea voluntarily

Front 31

Youngberg v Romeo

Back 31

Case questioning whether respondent, involuntarily committed to a state institution for the mentally retarded, has substantive rights under Due Process Clause to (1) safe conditions of confinement, (2) freedom from bodily restraints, (3) training of “habilitation”  

Front 32

Wyatt Case

Back 32

This is the 1st major class action suit brought to enforce a system-wide Right to Treatment and Habilitation.
It impacted the laws in 34 states. Mandated that state hospital improve conditions

Front 33

Who is Frank Johnson?

Back 33

Federal District Judge in Montgomery, AL who oversaw Wyatt v Stickney

Front 34

Who is Ricky Wyatt?

Back 34

17 year old at Bryce hospital who was not getting better. He was randomly selected by a secretary out of 40 patients. He is the on the prosecution in Wyatt v Stickney – lawyers advocating for right to treatment and habilitation  

Front 35

Who is Stickney?

Back 35

1st commissioner of mental health. He was the main defendant in Wyatt v Stickney case

Front 36

Who is Dr. Morton Birnbaum?

Back 36

Father of the Right to Treatment

Front 37

What are the two elements of every crime?

Back 37

Actus Rea - physical crime (action must be a crime)

Mens Rea - mental state or level of intent associated with crime ... level of responsibility

Front 38

In Alabama, Rule 13 says NGI does not apply to whom?

Back 38

- repeat criminals
- antisocial conduct
- intoxicated

Front 39

Who does the burden of proof fall on in most insanity cases?

Back 39

Defendent, NOT the Prosecutor

Front 40

What is automatism or Unconscious Defense?

Back 40

this defense recognizes that some criminal acts may be committed involuntarily by individuals with a lack of conscious control over their physical behaviors ... sleepwalking, night terrors, epilepsy