How can we help?
courts ask for mental health professionals to help determine if defendants are
responsible for the crime and capable of defending themselves
if a court decides that a defendant is mentally unstable, the defendant will
sent to a mental institution in a process call criminal commitment
defendants who are actively hallucinating and experiencing delusions during the time of their trials are most likely to be
admitted for treatment until they are competent to stand trial
defendants who were acting irrationally and in disordered ways when they allegedly committed the crimes are most likely to
plead not guilty by reason of insanity
one important issue in the relationship between the legislative and judicial systems and the mental health profession is
regulating aspects of mental care
what must be true before a person may be tried for a crime and potentially found guilty
person must have been able to distinguish right from wrong at the time of the crime
who makes the final decision as to whether or not a person may be tried by the judicial system
courts
if a person accused of a crime is found not guilty by reason of insanity, he or she is committed to a psychiatric facility for treatment. this is called
criminal commitment
len killed a man in a fit of rage. his voices told him that the man was about to destroy the earth and the man must be stopped. len is likely to be sent to a mental institution because
mutually unstable at the time of the crime
merv got into a fight and killed his opponent. when he went to trial, he had a mental breakdown. he did not know where he was and had hallucinations. he was unable to answer questions. he is likely to be sent to a mental institution because
he is unstable to understand the trial procedure and defend himself
if someone was interested in pursuing a career in a field that combined mental health and the legal and judicial systems, you should direct that person toward
forensic psychology
the definition of "insanity" used in legal cases was written by
legislators, not clinicians
in using the insanity plea, the burden of proof to prove sanity or insanity ordinarily rests with the
defense
the version of the insanity defense that declares that a person can not be held responsible for his or her actions if they were the result of mental disease or mental defect is called the
Durham test
tony killed the guy he was fighting with. at his trial he claimed that he did not know what he was doing because he was drunk. under which "insanity" standard might he be found not guilty be reason of insanity
Durham test
the Durham test judges a person not to be criminally responsible if he or she has acted
if the action was the product of a mental disease or defect
Rex beat the guy to within an inch of his life. in court REX claimed that he was forced to do it. he just exploded. he was not in control of himself. under which "insanity" standard might he be found not guilty by reason of insanity
irresistible impulsive test
pat who was drunk as a skunk, got into a bar fight and killed his opponent. which legal test would most likely be used to find him not guilty by reason of insanity
Durham test
suffering from headaches, alcoholism, and ulcers would make one eligible for an insanity defense under the
Durham test
if a man walked in on his wife in bed with his best friend and killed the friend and the wife in a fit of "passion", that man would be eligible for an insanity defense under the
irresistible impulse test
if a person experiencing severe paranoid delusions committed a crime while saying, "I know this is wrong and i shouldn't be doing it", that person would be eligible for an insanity defense under the
American law institute test
in response to a recommendation by the american psychiatric association, current federal practice is most like the
M'Naughtear test
the most common diagnosis of those found not guilty by reason of insanity is
schizophrenia
the most common (and perhaps the most serious) objection to the insanity plea is that
the fundamental differences between law and the science of human behavior
about what percentage of defendants in the US are found not guilty by reason of insanity in a typical year
1 in 400 (.25%)
some states have adopted a verdict of "guilty but mentally ill". the sentence that must be given to those so convicted is
prison sentence along with needed treatment
currently in the US, patients who are criminally committed to a mental hospital can be released
when they are judged to no longer be insane
if a mentally ill person committed murder, was convicted and sent to prison, but was also given treatment while in prison, that person probably lived in a state that had a ____ option
guilty but mentally ill
if a mentally ill person committed murder, but was convicted of committing manslaughter, that person probably lived in a state that had a ____ option
guilty with diminished capacity
in the case of Foucha v. Louisiana , the supreme court ruled that the only acceptable basis for determining the release of hospitalized offenders is whether or not they are still
insane
recently states have begun to abolish their sex offender laws. among the reasons they are doing this is
racial bias can effect application of the law
many states have a category of "mentally disordered sex offenders", which assigns moral responsibility to the offender. this category, which is related to the insanity defense, is based on the premise that
people who are repeatedly found guilty of certain sex crimes have a mental disorder
one difficulty with the mentally disordered sex offender classification is that
racial bias appears to effect who is given this classification
a person who is accused of a crime can not be convicted if he or she is mentally unstable either at the time of the crime or at the time of the trail. competence to stand trial is important to ensure that the person
understands the charges and is capable of forming a defense
the majority of criminals institutionalized for psychological treatment in the US are there because
they suffer from personality disorders
civil commitment is for a person who
civil commitment allows certain people to be forced into mental health treatment
a person who had a serious mental illness and was in need of treatment could, nevertheless, not be civilly committed unless that person was also
dangerous to themselves or others
the process of forcing certain individuals to undergo mental health treatment is called
civil commitment
the aspect of state responsibility that promotes and protects the interests of individuals from themselves is called
parens patriae
the aspect of state responsibility that promotes and protects the interests of individuals from dangerous people is called
police powers
the principle of parens patriae (parent of the country) permits the state to make decisions that promote an individual's best interest. it has been used to support the process of
civil commitment
parens patriae refers to the state's rights to make decisions that are in the individual's best interest, and t the idea that police power gives the state the right to protect society from harm. these two principles have been used to support
civil commitment
Iris has had a diagnosis of schizophrenia. she mutters a lot about being possessed. lately she has been carving her arm with a knife. you think that she requires treatment before she hurts herself any more. the authorities have a right to commit her based on the principles of
parens patriae
in addington v. texas, a young man fought being involuntarily committed, arguing that the standard for showing that a person is mentally ill was unclear and unfair. as a result, the standard for committing a person was revised to
clear and convincing proof that the patient is mentally ill and meets the states minimum requirement
in addington v. texas, a young man fought being involuntarily committed, arguing that the standard for showing that a person is mentally ill was unclear and unfair. this case resulted in the courts setting a standard that commitment
can occur when 75% certainty that criteria for commitment has been met
in an emergency, if a person is clearly suicidal or homicidal because of hallucinations and delusions, that person can be involuntarily committed by
emergency commitment
the standard for "clear and convincing proof" according to the US supreme court is
75% certainty the criteria has been met
in the past, people with mental disorders were less likely than those without mental disorders to commit violent or dangerous acts. why do we think that is
many of these individuals lived in institutions
temporary commitment in an emergency situation is possible if
a life is at stake
what is the basis for making a 2 PC determination to commit on an emergency basis
when a person is a danger to themselves or others
Monahan's research on the relationship between violent behavior and sever mental disorder shows that
rate of violent behavior and is somewhat higher in those with sever mental disorders
what proportion of mental patients assault another patient during hospitalization
15%
what is the rate of assault for people who display a substance-abuse disorder
25% or more
how good are mental health professionals at predicting dangerousness
wrong more often than right
if you encountered someone convicted of a violent criminal offense, you could legitimately also expect to find that the person
substance abuse
John Brown and Abraham Lincoln were labeled by some as "insane" because of their views on
slavery
the wyatt v. stickney decision forced state hospitals to provide
adequate treatment to those who were committed involuntarily
the case of O'Connor v donaldson resulted in the ruling that
mental hospitals must review their patients' cases periodically
in recent years, public advocates for those with mental disorders have turned their attention to the rights of ____ to receive treatment
mental patients in community
the focus of the protection and Advocacy for Mentally Ill Individuals Act of 1986 was to
the right for patients to investigate possible abuse
the recent cases that have increased the patient's right to refuse treatment have focused largely on the right to refuse
biological treatment
if a patient is assigned to a community mental health center inpatient facility instead of a mental hospital, the decision makers are applying the principle of
patients should receive treatment from the least restrictive facility available
patienst who perform work in mental institutions, particularly private institutions, are guaranteed _____ for that work
minimum wage
"Litigaphobia" and "litigastress"
feat of being sued
an important current distinction between psychologists and psychiatrists that is changing is that
psychologists may admit patients to state hospitals and prescribe medicine with proper certification
one outcome due to the rise in malpractice suits related to hospitalization, based on actual hospitalization statistics is that
clinicians fear being sued
Research indicates that eyewitness testimony is:
often unreliable
research indicates that eyewitness testimony is
the jury is more likely to believe witness who is certain
imagine that a witness says he or she is absolutely certain that the defendant is the one who committed the crime. what is the most likely true about the witness's certainty
manipulative and highly intelligent
frequently, when a serial killer comes to trial, he or she makes the insanity plea. what usually happens
plea is usually overlooked
why is the plea of not guilty by reason of insanity generally unsuccessful for serial killers
they typically don't fit criteria of insanity
the APA code of ethics states that sexual relationships between a psychologist and client are
forbidden
a psychologist wanted to accept a client with whom he had previously had a sexual relationship. according to ethical guidelines, the psychologist
may not treat patient he or she has had sex with
if dr. phil were a psychologist (he is not), would he be ethically allowed to offer advice to people on TV
yes
imagine that you are a therapist working on the US-mexican border but don't speak spanish. what is proper ethical behavior for you
acknowledge limitations and seek further treatmetn
a therapist who broke confidentiality with a patient without the patient's consent because of fears that the person would harm someone else was acting according to the ethical principle of
duty to protect
psychologists are ethically bound to keep material about their patients confidential except
when a client is thought to be a danger to another person
a landmark california court case, Tarasoff v. Regents of the University of California, dramatically affected the right to confidentiality between client and therapist. this case led to the conclusion that
protected privilege ends where public peril begins
the current code of ethics declares that therapist should break confidentiality even without the client's consent
when the client or another person is threatened
if a therapist has a client who is threatening to kill another person, the therapist must inform that other person because of the ethical principle of
duty to protect
if you were an air traffic controller and your employer required you to attend a seminar on dealing in healthy ways with stress, you would be receiving
a problem-solving seminar
in the workplace, psychological problems are estimated to contribute most to
industrial accidents
if you were having marital problems that were affecting your work and your employer made mental health service available to you to deal with those problems, your employer would be providing you with
an EAP (employee assistance program)
Peter is having trouble coping with his financial problems and is getting depressed about them. he seeks out someone at his company who helps by counseling employees on such issues and tries to intercept problems before they get out of hand. peter is seeking help from
employee assistance program
today, the cost of direct mental health services is mostly paid by
individuals to private insurance companies
the type of system that many health insurance companies have set up to try to curtail expenses associated with providing treatment is referred to as
managed care programs
a therapist who was worried that patients would receive less costly short-term care rather than more promising long-term treatment, would have treatment monitored by an insurance employee rather than a therapist, and would have confidential treatment reports read by others, is concerned about
managed care programs
the rise of managed care programs for treating mental disorders has resulted in
prefer short term rather than long term improvement
imagine that you are a therapist treating another therapist for a disorder. what is the therapist most likely to exhibit
depression
a recent national mental health survey of psychotherapists found that more than three-quarters of them reported being in therapy themselves at least once, and that they
seeks therapy for problems that bother others
if you become a therapist and are like the majority of therapists, you will
feel threatened by patient and experience emotional distress
according to our legal system, what is necessary for a person to be punished for a crime
defendants must be responsible for a crime and capable of defending themselves
imagine that you are an attorney and that your client has been sentenced to prison with the proviso that he or she will also receive psychological treatment. your client has received a verdict known as
guilty but mentally ill
if you were interested in securing a civil commitment for someone you cared about, you would have to show clearly that the person
in need of treatment and dangerous to themselves or others
thanks to recent court emphases, mental patients who are hospitalized are guaranteed the right to
adequate treatment and periodical case reviews