Term
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Definition
1. Approximate answers
2. Clouding of conciousness
3. Somatic conversion
4. Hallucinations |
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Term
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Definition
| Sexual Abuse Treatment Programs serve a vital penological purpose, do not violate 5th amendment, OK to use minimal incentives. |
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Term
| United States v. Georgia (2006) |
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Definition
| ADA applies to prisons and inmates can sue for money damages under title II of ADA. |
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Term
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Definition
| Deliberate indifference to serious medical needs of prisoners violated 8th |
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Term
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Definition
| set standard of subjective recklessness, i.e. prove that he had knowledge of the situation. |
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Term
| Washington v. Harper (1990) |
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Definition
| medication administration in an emergency, for medical reasons and of limited duration. |
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Term
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Definition
| State must establish need for treatment. |
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Term
| Baxstrom v. Herald (1960) |
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Definition
| prisoners need same review as other civil commitments to state hospital |
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Term
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Definition
| transfer to mental hospital from prison requires wrtten notice, adversary hearing, written findings and availability if legal counsel |
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Term
| DeShaney v. Winnebago (1989) |
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Definition
| State must protect those which have been imprisoned, institutionalized or otherwise restrained. |
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Term
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Definition
| Title VII: Forbids practices on basis of gender (became legal basis of sexual harassment actions) |
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Term
| Meritor Savings Bank FSB v. Vinson (1986) |
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Definition
| Hostile work environment actionable. Advances must be unwelcome. |
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Term
| Teresa Harris v. Forklift Systems, Inc. (1993) |
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Definition
1. Reasonable person would find it objectionable AND the person subjectively perceived it as such.
2. Damages are not required |
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Term
| Oncale v. Sundowner Offshore Services (1998) |
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Definition
| Same sex sexual harassment is actionable. |
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Term
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Definition
patients entitled to:
1. the least restrictive environment
2. freedom from unecessary or excessive medication
3. the right not to be subjected to experimental research without informed consent
4. the right not to be subjected to lobotomy or ECT without consent and consultation with their counsel |
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Term
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Definition
| Second doctor decision maker OK with appeal to medical director available |
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Term
| Rogers v. Commissioner (1983) |
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Definition
| Substituted judgment. A committed mental patient is competent and has the right to make treatment decisions until the patient is adjudicated incompetent by a judge. A judge then decides if the patient would have wanted to consent to antipsychotic medications. |
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Term
| Washington v. Harper (1990) |
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Definition
| A second physician decision maker is sufficient in a prison setting. |
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Term
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Definition
| State was obligated to establish the need for treatment. |
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Term
| Test of Functional Restrictions |
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Definition
1. Activities of daily living
2. Social functioning
3. Concentration, persistence and pace
4. Deterioration or decompensation in work or work-like setting |
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Term
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Definition
1. Has a physical or mental impairment which substantially limits one or more major life activities
2. Has a record of having such impairment
3. Is regarded as having such an impairment by an employer |
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Term
| School Board of Nassau County Florida v. Arline (1987) |
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Definition
| Contagious disease is a physical impairment |
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Term
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Definition
| HIV is a disability covered by the ADA |
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Term
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Definition
| ADA title II prohibits unjustified sgregation of the mentally ill. Placement is in order when clinically appropriate. |
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Term
| Pennsylvania Department of Corrections v. Yesky (1999) |
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Definition
| ADA applies to prisons. Inmates can sue if excluded from programs due to diability (except if they pose a direct threat) |
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Term
| Robinson v. California (1962) |
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Definition
| Criminalizing status of addiction violates 8th |
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Term
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Definition
| Crime of public drunk does not violate 8th |
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Term
| North Carolina v. Alford (1970) |
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Definition
| You can plead guilty while protesting innocence |
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Term
| Montana v. Egelhoff (1996) |
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Definition
| OK to exclude voluntary intoxication as mitigation of mens rea |
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Term
| Cruzan v. Director of Health (1990) |
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Definition
| state has right to require clear and convincing evidence of incompetents wishes to refuse treatment |
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Term
| Washington v. Glucksberg (1997) |
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Definition
| No liberty interest in 14th amendment to right to physician assisted suicide |
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Term
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Definition
| physician assisted suicide is not equal to right to refuse treatment |
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Term
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Definition
| hypnotically refreshed testimony could be admissible on a case by case basis |
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Term
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Definition
| Law excluding all hypnotic testimony violates rights |
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Term
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Definition
| Required due process for juveniles. Set stage for civil commitment reform. |
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Term
| Lake v. Cameron (DC Circ 1966) |
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Definition
| Individualized treatment plans and least restrictive environment. |
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Term
| O'Connor v. Donaldson (1975) |
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Definition
| "the state can't confine, without more, a non-dangerous, mentally ill person who is capable of surviving safely in freedom by himself or with the help of family or friends." |
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Term
| Lessard v. Schmidt (Federal District Court 1972) |
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Definition
| High water mark of protection of liberty interests. Same rights as criminal suspect. |
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Term
| Addington v. Texas (1979) |
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Definition
| Clear and convincing evidence is minimum for commitment. |
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Term
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Definition
| OK for states to require a pt be competent to sign in voluntarily. |
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Term
| Jones v. United States (1983) |
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Definition
| Commitment of NGRI pt requires only preponderance. Burden is on aquittee to prive no longer ill or dangerous. |
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Term
| Foucha v. Louisiana (1992) |
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Definition
| NGRI aquittee who is dangerous but no longer mentally ill cannot be held. |
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Term
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Definition
| "Defendant must have sufficient present ability to consult with lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him." |
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Term
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Definition
| Amnesia per se does not equal incompetence. |
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Term
| Cooper v. Oklahoma (1996) |
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Definition
| Set evidence standard for CST at preponderance |
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Term
| Jackson v. Indiana (1972) |
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Definition
| Inconpetent defendants cannot be held in a mental institution longer than a reasonable period of time ot determine if there is a substantial probabilty of restoration. |
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Term
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Definition
| Competence to pled guilty is no higher than competence to stand trial. |
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Term
| Indiana v. Edwards (2008) |
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Definition
| Court may limit right to represent self if mentally ill. Pro se competency stnadard is higher than CST. |
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Term
| Colorado v. Connelly (1986) |
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Definition
| Defendant had command hallucinations to confess. A confession is voluntary unless there is police coercion. |
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Term
| Panetti v. Quarterman (2007) |
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Definition
| individuals with mentall illness should be allowed to present expert testimony related to their competence to be executed. |
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Term
| Sprecht v. Patterson (1967) |
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Definition
| Persons being comitted under sexual psychopath laws get same criminal due process protections. |
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Term
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Definition
| Proceedings under Sexually Dangerous Person Act are civil with treatment aim therefore no 5th Ammendment protection against self-incrimination. |
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Term
| Hendricks v. Kansas (1997) |
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Definition
| Failure to offer treatment to committed SVPs does not make act punitive. |
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Term
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Definition
| No finding of complete lack of control necessary for committment of SVPs. |
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Term
| Canterbury v. Spence (1972) |
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Definition
| Physician must disclose what a reasonable patient would want to know to make informed decision. |
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Term
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Definition
| Sex with patients is malpractice |
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Term
| Kaimowitz v. Michigan Department of Mental Health (1973) |
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Definition
| A person who is involuntarily detained in a state facility cannot give legally adequate consent to an inovative or experimental surgical procedure on the brain |
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Term
| Superintendent of Belchertown v. Saikowicz (Mass. 1977) |
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Definition
| "substituted judgment doctrine" for decisions involving life sustaining treatment for mentally incompetent person in state institution |
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Term
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Definition
| The patient not the doctor owns the privilege |
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Term
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Definition
| psychotherapist prvilege in federal court |
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Term
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Definition
| Duty to protect non-specific victims (the public) |
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Term
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Definition
| failure to request records that showed danger |
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Term
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Definition
| The accused is not criminally responsible if his unlawful act is the product of mental disease or defect |
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Term
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Definition
| barred psychiatrists from testifying to the ultimate issue |
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Term
| Model Penal Code (1955) or ALI test |
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Definition
| A person is not responsible for his criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Does NOT include psychopathy. |
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Term
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Definition
In federal courts, insanity is affirmative defense, clear and convincing evidence:
"at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts." |
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Term
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Definition
| Due process is NOT violated by eliminating "nature and quality" language from NGRI test or precluding expert testimony on diminished capacity. |
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Term
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Definition
indigent defendants must be provided a psychiatrist to:
1. Assist in assessing NGRI defense
2. Help corss opposing expert
3. Help assess mitigating factors for death penalty phase |
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Term
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Definition
| A defendant may voluntarily and intelligently forego a NGRI defense. A court may impose an NGRI defense on an unwilling competent defendant who refuses it for irrational resons |
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Term
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Definition
1. affirmed leaving the burden of proof on the NGRI aquitee
2. aquitees may be held longer than max sentence
3. Dangerousness is any criminal act |
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Term
| Foucha v. Louisiana (1992) |
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Definition
| Insanity aquitees must be both mentally ill and dangerous to be held. |
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Term
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Definition
| the provisions of ERISA supercede state laws |
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Term
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Definition
| may recover monetary value of denied claim only |
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Term
| Corcoran v. United Health Care, Inc. (1992) |
|
Definition
| no emotional distress claims, no punitive claims |
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Term
| Dukes v. US Healthcare, Inc |
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Definition
| Malpractice claims made by HMOs are not preempted by ERISA. Failure to provide adequate care is malpractice. |
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Term
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Definition
| Scientific evidence must achieve general acceptance in the scientific community |
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Term
| Daubert v. Merrell Dow Pharmaceuticals (1993) |
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Definition
| JUdges should consider: 1. whether the theory can be tested 2. peer review 3. error rate 4. standards 5. widespread acceptance |
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Term
| General Electric v. Joiner (1997) |
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Definition
| Ok to exclude expert based only on judge finding an experts finding unsupported. |
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Term
| Kuhmo Tire v. Carmichael (1999) |
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Definition
| Daubert standard applies also to soft sciences |
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Term
| Painter v. Bannister (1966) |
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Definition
CHILD CUSTODY
Court awarded custody to the grandparents over father articulating best interest of the child standard. |
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Term
| Standard of evidence for child custody |
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Definition
|
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Term
| Parham v. JL and JR (1979) |
|
Definition
| Parents right to sign in children to hospital involuntarily upheld |
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