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Forensic Psychiatry Board- from web
Forensic Psychiatry Board cards prepared by another user
82
Medical
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04/05/2013

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Cards

Term
"Handicapped individual"
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
Term
Addington v. Texas (1979)
Definition
Clear and convincing evidence is minimum for commitment.
Term
Ake v. Oklahoma (1985)
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
Term
Allen v. Illinois (1986)
Definition
Proceedings under Sexually Dangerous Person Act are civil with treatment aim therefore no 5th Ammendment protection against self-incrimination.
Term
Baxstrom v. Herald (1960)
Definition
prisoners need same review as other civil commitments to state hospital
Term
Bragdon v. Abbott (1998)
Definition
HIV is a disability covered by the ADA
Term
Canterbury v. Spence (1972)
Definition
Physician must disclose what a reasonable patient would want to know to make informed decision.
Term
Civil Rights Act of 1964
Definition
Title VII: Forbids practices on basis of gender (became legal basis of sexual harassment actions)
Term
Clark v. Arizona (2006)
Definition
Due process is NOT violated by eliminating "nature and quality" language from NGRI test or precluding expert testimony on diminished capacity.
Term
Colorado v. Connelly (1986)
Definition
Defendant had command hallucinations to confess. A confession is voluntary unless there is police coercion.
Term
Cooper v. Oklahoma (1996)
Definition
Set evidence standard for CST at preponderance
Term
Corcoran v. United Health Care, Inc. (1992)
Definition
no emotional distress claims, no punitive claims
Term
Cruzan v. Director of Health (1990)
Definition
state has right to require clear and convincing evidence of incompetents wishes to refuse treatment
Term
Daubert v. Merrell Dow Pharmaceuticals (1993)
Definition
Judges should consider: 1. whether the theory can be tested 2. peer review 3. error rate 4. standards 5. widespread acceptance
Term
DeShaney v. Winnebago (1989)
Definition
State must protect those which have been imprisoned, institutionalized or otherwise restrained.
Term
Dukes v. US Healthcare, Inc
Definition
Malpractice claims made by HMOs are not preempted by ERISA. Failure to provide adequate care is malpractice.
Term
Durham v. US (1954)
Definition
The accused is not criminally responsible if his unlawful act is the product of mental disease or defect
Term
Dusky v. US (1960)
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."
Term
ERISA sec 502a
Definition
may recover monetary value of denied claim only
Term
ERISA section 514
Definition
the provisions of ERISA supercede state laws
Term
Estelle v. Gamble (1976)
Definition
Deliberate indifference to serious medical needs of prisoners violated 8th
Term
Farmer v. Brennan (1994)
Definition
set standard of subjective recklessness, i.e. prove that he had knowledge of the situation.
Term
Federal Rule 1984
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."
Term
Foucha v. Louisiana (1992)
Definition
NGRI aquittee who is dangerous but no longer mentally ill cannot be held.
Term
Foucha v. Louisiana (1992)
Definition
Insanity aquitees must be both mentally ill and dangerous to be held.
Term
Frendak v. US (1979)
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
Term
Frye v. US (1923)
Definition
Scientific evidence must achieve general acceptance in the scientific community
Term
Ganser Syndrome
Definition
1. Approximate answers
2. Clouding of conciousness
3. Somatic conversion
4. Hallucinations
Term
General Electric v. Joiner (1997)
Definition
Ok to exclude expert based only on judge finding an experts finding unsupported.
Term
Godinez v. Moran (1993)
Definition
Competence to pled guilty is no higher than competence to stand trial.
Term
Hendricks v. Kansas (1997)
Definition
Failure to offer treatment to committed SVPs does not make act punitive.
Term
In Re Gault (1967)
Definition
Required due process for juveniles. Set stage for civil commitment reform.
Term
In re. Lifschutz (1970)
Definition
The patient not the doctor owns the privilege
Term
Indiana v. Edwards (2008)
Definition
Court may limit right to represent self if mentally ill. Pro se competency stnadard is higher than CST.
Term
Jablonski v. U.S. (1983)
Definition
failure to request records that showed danger
Term
Jackson v. Indiana (1972)
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.
Term
Jaffe v. Redmond (1996)
Definition
psychotherapist prvilege in federal court
Term
Jones v. United States (1983)
Definition
Commitment of NGRI pt requires only preponderance. Burden is on aquittee to prive no longer ill or dangerous.
Term
Jones v. US (1983)
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
Term
Kaimowitz v. Michigan Department of Mental Health (1973)
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
Term
Kansas v. Crane (2002)
Definition
No finding of complete lack of control necessary for committment of SVPs.
Term
Kuhmo Tire v. Carmichael (1999)
Definition
Daubert standard applies also to soft sciences
Term
Lake v. Cameron (DC Circ 1966)
Definition
Individualized treatment plans and least restrictive environment.
Term
Lessard v. Schmidt (Federal District Court 1972)
Definition
High water mark of protection of liberty interests. Same rights as criminal suspect.
Term
Lipari v. Sears (1980)
Definition
Duty to protect non-specific victims (the public)
Term
McKune v. Lile (2002)
Definition
Sexual Abuse Treatment Programs serve a vital penological purpose, do not violate 5th amendment, OK to use minimal incentives.
Term
Meritor Savings Bank FSB v. Vinson (1986)
Definition
Hostile work environment actionable. Advances must be unwelcome.
Term
Model Penal Code (1955) or ALI test
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.
Term
Montana v. Egelhoff (1996)
Definition
OK to exclude voluntary intoxication as mitigation of mens rea
Term
North Carolina v. Alford (1970)
Definition
You can plead guilty while protesting innocence
Term
O'Connor v. Donaldson (1975)
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."
Term
Olmstead v. L.C. (1999)
Definition
ADA title II prohibits unjustified sgregation of the mentally ill. Placement is in order when clinically appropriate.
Term
Oncale v. Sundowner Offshore Services (1998)
Definition
Same sex sexual harassment is actionable.
Term
Painter v. Bannister (1966)
Definition
Child Custody: Court awarded custody to the grandparents over father articulating best interest of the child standard.
Term
Panetti v. Quarterman (2007)
Definition
individuals with mentall illness should be allowed to present expert testimony related to their competence to be executed.
Term
Parham v. JL and JR (1979)
Definition
Parents right to sign in children to hospital involuntarily upheld
Term
Pennsylvania Department of Corrections v. Yesky (1999)
Definition
ADA applies to prisons. Inmates can sue if excluded from programs due to diability (except if they pose a direct threat)
Term
Powell v. Texas (1968)
Definition
Crime of public drunk does not violate 8th
Term
Rennie v. Klein (1979)
Definition
Second doctor decision maker OK with appeal to medical director available
Term
Riggens v. Nevada (1992)
Definition
State must establish need for treatment.
Term
Riggins v. Nevada (1992)
Definition
State was obligated to establish the need for treatment.
Term
Robinson v. California (1962)
Definition
Criminalizing status of addiction violates 8th
Term
Rock v. Arkansas (1987)
Definition
Law excluding all hypnotic testimony violates rights
Term
Rogers v. Commissioner (1983)
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.
Term
Roy v. Hartogs (1975)
Definition
Sex with patients is malpractice
Term
School Board of Nassau County Florida v. Arline (1987)
Definition
Contagious disease is a physical impairment
Term
Sprecht v. Patterson (1967)
Definition
Persons being comitted under sexual psychopath laws get same criminal due process protections.
Term
Standard of evidence for child custody
Definition
preponderance
Term
State v. Hurd (1980)
Definition
hypnotically refreshed testimony could be admissible on a case by case basis
Term
Superintendent of Belchertown v. Saikowicz (Mass. 1977)
Definition
"substituted judgment doctrine" for decisions involving life sustaining treatment for mentally incompetent person in state institution
Term
Teresa Harris v. Forklift Systems, Inc. (1993)
Definition
1. Reasonable person would find it objectionable AND the person subjectively perceived it as such.
2. Damages are not required
Term
Test of Functional Restrictions
Definition
1. Activities of daily living
2. Social functioning
3. Concentration, persistence and pace
4. Deterioration or decompensation in work or work-like setting
Term
United States v. Georgia (2006)
Definition
ADA applies to prisons and inmates can sue for money damages under title II of ADA.
Term
Vacco v. Quill (1997)
Definition
physician assisted suicide is not equal to right to refuse treatment
Term
Vitek v. Jones (1980)
Definition
transfer to mental hospital from prison requires wrtten notice, adversary hearing, written findings and availability if legal counsel
Term
Washington v. Glucksberg (1997)
Definition
No liberty interest in 14th amendment to right to physician assisted suicide
Term
Washington v. Harper (1990)
Definition
medication administration in an emergency, for medical reasons and of limited duration.
Term
Washington v. Harper (1990)
Definition
A second physician decision maker is sufficient in a prison setting.
Term
Washington v. US (1967)
Definition
barred psychiatrists from testifying to the ultimate issue
Term
Wilson v. US (1968)
Definition
Amnesia per se does not equal incompetence.
Term
Wyatt v. Stickney
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
Term
Zinermon v. Burch (1990)
Definition
OK for states to require a pt be competent to sign in voluntarily.
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