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Terms in this set (25)
What are some roles of psychologists in the legal system?
- psychological evaluation in child protection matters
- evaluation for child custody in divorce proceedings
- civil commitment determination
- protecting client rights
- profiling criminals
- assessing dangerousness
- filing amicus briefs
- aiding jury selection
- determining sanity or insanity
- providing testimony in malpractice suits
- determining competency to stand trial
- determining repressed, recovered, or false memories
what is criminal commitment?
incarceration of an individual for having committed a crime
refers to a defendant's mental state at the time of post-arrest psychiatric evaluation
competency to stand trial
what are the requirements to stand trial by federal law?
- defendant must have a factual and rational understanding of the proceedings
- defendant must be able to rationally consult with counsel in presenting his or her own defense
- defendant must be able to consult with counsel in his or her defense
T/F: a defendant can be confined indefinitely solely on the grounds of incompetency to stand trial
False - they cannot
What tests must a defendant pass in order to plead insanity?
- M'Naghten rule, aka "right-wrong test" (does the person know right from wrong?)
- Irresistible impulse test (did the person lack the willpower to control his/her actions?)
- American Law Institute Test (can the person appreciate the criminality of the act and conform his/her behavior to the requirements of the law?)
- Durham Test, aka products test (was the act a product of mental disease or defect?)
How does the Guidelines from the American Law Institute (ALI) Model Penal code define mental disease or defect?
- it impairs capacity to appreciate the criminality of conduct (or to conform conduct to the requirements of law)
- does not include abnormality manifested by repeated criminal or otherwise antisocial behavior
What is the Law of Diminished Capacity?
- absence of specific intent to commit offense as a result of mental impairment
what is the Insanity Defense Reform Act of 1984
bases definition of insanity totally on the individual's ability to understand what he/she did
How often is the insanity defense used?
less than 1% of defendants plead insanity
What is Parens patriae ("father of the country")?
the government's authority to commit disturbed individuals for their own best interest
what is civil commitment?
involuntary confinement of a person judged to be a danger to self or others (even though the person has not committed a crime)
what are some negative consequences of civil commitment?
- major interruption in a persons life
- loss of self-esteem and self concept
- dependency on others
- possible loss or restriction of civil liberties
What is the criteria for Commitment?
*criteria vary by state
- clear and imminent danger to self or others
- inability to care for oneself or lack of social network to provide such care
- inability to make responsible decisions about appropriate treatment or hospitalization
- unmanageable state of fright or panic
what is the best predictor of dangerousness?
past criminal conduct or history of violence or aggression
violence is a function of both ___ and ____
context; a person's characteristics
What is the rationale behind involuntary confinement?
- prevents harm to person or others
- provides appropriate treatment and care
- ensures due process of law
involuntary commitment is used when the individual refuses ______
T/F: Civil Commitment is usually for a defined length of time
True (6 months to 1 year)
describe the formal hearing held in procedures of Civil Commitment
- examiners and others (family, friends, etc.) testify about the persons mental state and potential danger
- judge determines whether the person must enter treatment
explain Right to Treatment
those involuntarily committed have a constitutional right to receive therapy to improve their emotional state
What did Rouse v. Cameron establish?
- right to treatment is a constitutional right
- failure to provide treatment is not justified by lack of resources
explain privileged communication
the therapist's legal obligation to protect a client's privacy and to prevent the disclosure of confidential communications without a client's permission
what are exemptions from privileged communication?
- in determining civil or criminal commitment or competency to stand trial
- client introduces mental condition as a claim or defense in a civil action
- when client is younger than 16 or a dependent elderly person who the therapists believes has been the victim of a crime
- client presents a danger to self or others (must warn intended victim - Tarasoff ruling)
what is the ethical code regarding sexual relationships with clients?
sexual intimacies with clients are prohibited for a minimum of 2 years after termination of therapy
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