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Laws and Ethics
abnormal psychology
23
Psychology
Undergraduate 2
12/06/2012

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Term
COMPETENCY TO STAND TRAIL
Definition
A LEGAL DECISION TO AS TO WHETHER OR NOT A PERSON CAN PARTICIPATE MEANINGFULLY IN HIS OR HER OWN DEFENSE.
Term
NOT GUILTY BY REASON OF INSANITY (NGRI)
Definition
No dispute over guilt
Accused not responsible for the crime because of mental illness
Indefinite commitment to a forensic hospital
Only released when no longer mentally ill
Term
CONFIDENTIALITY
Definition
A PRINCIPLE THAT DICTATES THAT THE CONTENTS OF A PROFESSIONAL OR PRIVATE RELATIONSHIP NOT BE DIVULGED TO ANYONE ELSE. IT IS HELD BY DOCTORS, THERAPISTS, PSYCHOLOGISTS, PASTORS, ECT
Term
LEAST RESTRICTIVE ALTERNATIVE
Definition
THE LEGAL PRINCIPLE ACCORDING TO WHICH A HOSPITALIZED PATIENT MUST BE TREATED IN A SETTING THAT IMPOSES AS FEW RESTRICTIONS AS POSSIBLE ON ONE'S FREEDOM
Term
IN ABSENTIA
Definition
LITERALLY-"IN ABSCENCE" REFERING TO ONES MENTAL STATE, NOT PHYSICAL STATE.
Term
PRIVLEDGED COMMUNICATION
Definition
COMMUNICATION BETWEEN PARTIES IN A CONFIDENTIAL RELATIONSHIP THAT IS PROTECTED BY STATUTE AND CAN NOT BE FORCED TO DISCLOSE EXCEPT UNDER SPECIAL CIRCUMSTANCES.
Term
CIVIL COMMITMENT
Definition
A PROCEDURE WHERE A PERSON CAN BE LEGALLY CERTIFIED AS MENTALLY ILL AND HOSPITALIZED, EVEN AGAINST HIS OR HER OWN WILL
Term
GUILTY BUT MENTALLY ILL (GBMI)
Definition
INSANITY PLEA IN WHICH A MENTALLY ILL PERSON CAN BE MORALLY AND LEGALLY RESPONSIBLE, BUT CAN BE SENT TO A PRISON HOSPITAL OR OTHER PSYCH FACILITY FOR TREATMENT RATHER THAN PUNISHMENT.
Term
INSANITY DEFENSE
Definition
THE LEGAL ARGUMENT THAT A DEFENDENT SHOULD NOT BE HELD RESPONSIBLE FOR AN ILLEGAL ACT IF THE CONDUCT IS ATTRIBULTABLE TO MENTAL ILLNESS
Term
IRRESISTABLE IMPULSE
Definition
THE TERM USED IN AN 1884 OHIO COURT RULING ON CRIMINAL RESPONSIBILITY WHICH DETERMINED THAT AN INSANITY DEFENSE CAN BE ESTABLISHED BY PROVING THAT THE DEFENDENT HADAN UNCONTROLLABLE URGE TO PERFORM THE ACT
Term
CRIMINAL COMMITMENT
Definition
A PROCEDURE BY WHICH A PERSON IS CONFINED TO A MENTAL HOSPITAL EITHER FOR DETERMINATION OF COMPETENCY TO STAND TRAIL OR AFTER AQUITTAL BY REASON OF INSANITY
Term
M'NAGHTEN RULE
Definition
AN 1843 BRITISH COURT DECISION STATING THAT AN INSANITY DEFENSE CAN BE ESTABLISHED BY PROVING THAT THE DEFENDANT DID NOT KNOW WHAT HE OR SHE WAS DOING OR DID NOT REALIZE THAT IT WAS WRONG
Term
AMERICAN LAW INSTITUE GUIDELINES
Definition
RULES PROPOSING THAT INSANITY IS A LEGITIMATE DEFENSE PLEA IF, DURING CRIMINAL CONDUCT, AN INDIVIDUAL COULD NOT JUDGE RIGHT FROM WRONG OR COULD NOT CONTROL HIS BEHAVIOR AS REQUIRED BY THE LAW. REPETATIVE CRIMINAL ACTS ARE DISAVOWED AS SOLE CRITERION.
Term
INFORMED CONSENT
Definition
THE AGREEMENT OF A PERSON TO SERVE A RESEARCH PARTICIPANT OR TO ENTER THERAPY AFTER BEING TOLD THE POSSIBLE OUTCOMES, BOTH BENEFIS AND RISKS.
Term
OUTPATIENT COMMITMENT
Definition
A FORM OF CIVIL COMMITMENT CONSISTENT WITH THE PRINCIPLES OF LEAST RESTRICTIVE ALTERNATIVE, WHEREBY A PERSON IS NOT HOSPITALIZED BUT RATHER ALLOWED TO REMAIN FREE IN THE COMMUNITY UNDER LEGAL/MEDICAL CONSTRAINTS THAT ENSURE MEASURES ARE OBSERVED.
Term
INSANITY IS...
Definition
a LEGAL TERM Not a psychiatric or psychological concept
Term
MENS REA
Definition
Guilty mind
"No crime without an evil intent"
Term
CONCEPT OF INSANITY
Definition
A disordered mind can't be a guilty mind
Term
HOW OFTEN IS THE INSANITY DEFENSE USED?
Definition
Pleaded in fewer than 1% of cases
Term
Deinstitutionalization
Definition
In the 1960s, many states released patients from state psychiatric hospitals; community treatment preferred
Many cities lack sufficient community mental health facilities
Term
Transinstitutionalization
Definition
Many mentally ill end up in nursing homes, hospitals and prisons
Justice department survey found that 16.2% of prison population is mentally ill
Term
Privileged communication
Definition

Patient "holds the privilege"

Both can be broken if:
Patient has filed a malpractice suit against a therapist
Patient is under age 16 and a crime or abuse victim
Patient is trying to avoid arrest for a crime committed or planned
Patient is a danger to self or others

Term
Tarasoff decision
Definition
 A California decision that imposes a duty on a therapist to warn appropriate person(s) when she becomes aware that a Pt may present a risk of harm to a specific person or persons.
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