PSY285 Chapter 18
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This chapter discusses legal and ethical issues in abnormal psychology. It covers psychological disturbances and the criminal law, including the insanity defense. It also addresses civil commitment procedures, patients' rights to treatment and a humane environment, and some of the ethical issues mental health professionals face in making judgments about abnormality and commitment.
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To comfort always
A Nurse’s Guide to End of Life Care
Chapter 13: Ethical Issues
Patients and families are faced with difficult choices
Decisions become more difficult when the patient cannot speak for themselves and families are conflicted
Chapter 13: Ethical Issues
Healthcare ethics
Called bioethics or medical ethics
Study of moral obligations of healthcare providers and society in preventing and treating disease and injury and in caring for people with illness and injury
Chapter 13: Ethical Issues
The most common healthcare ethics framework is based on four principles
Beneficence
Non-maleficence
Autonomy
Justice
Chapter 13: Ethical Issues
Beneficence
Obligation to act for another’s benefit
Looking at the benefits and burdens of a particular action or treatment
Non-maleficence
Obligation to “do no harm”
Looking at the burden a treatment or course of action might cause
Is the treatment going to prolong the patient’s dying without increasing quality or comfort
Chapter 13: Ethical Issues
Autonomy
Person’s right to choose independently
The right to choose also means the right to refuse treatment
Justice
Fair and equitable treatment
Broader meaning in looking at the best use of limited resources
Chapter 13: Ethical Issues
You face ethical dilemmas when you encounter conflict or controversy over a treatment or course of action
Conflicts occur when a patient lacks the capacity to make decisions for themselves and does not have an advance directive or has not communicated their wishes to family members or care providers prior to losing capacity
Chapter 13: Ethical Issues
Decision-making capacity
The ability of a patient to understand a proposed course of treatment, including the benefits and burdens, and to communicate treatment preferences or wishes to others
Questions to ask
Can you tell me why your doctor is recommending this treatment?
Can you tell me what the recommended treatment is?
Can you tell me about the benefits and risks of this treatment?
Chapter 13: Ethical Issues
Many of the common dilemmas in end-of-life care for patients and families involve either starting or discontinuing a treatment
Resuscitation
Should CPR be attempted if a patient’s heart stops?
Artificial nutrition and hydration
Should IV hydration or tube feedings be initiated?
Chapter 13: Ethical Issues
Ventilator support
Should a patient be placed on a ventilator?
If on one, should it be discontinued?
Initiation of treatment such as surgery or chemotherapy that might be considered futile or of no benefit to the patient
Chapter 13: Ethical Issues
You also see dilemmas arise over use of medications (opioids or sedatives) to control pain and other symptoms
If you use an ethical framework to address these issues, you need to meet several conditions
Medications are not given to cause death
Must be to relieve pain – intention must be to do good
Good effect must outweigh the bad effect – relief of suffering is more important that a shortened lif ...
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This document provides an overview of chapter 3 from the Abnormal Psychology textbook. It discusses the main points about research methods in abnormal psychology, including the characteristics of the scientific method such as being skeptical, having objectives of description, prediction and control, and ensuring internal and external validity. It also summarizes different research designs used such as correlational research, epidemiological studies, experimental designs, and the single-case design.
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This PowerPoint presentation summarizes chapter 7 on anxiety disorders from the textbook Abnormal Psychology Ninth Edition. It covers the main anxiety disorder syndromes including panic disorder, generalized anxiety disorder, phobias, obsessive compulsive disorder, and posttraumatic stress disorder. It also discusses the psychodynamic, behavioral, and cognitive perspectives on the etiology and treatment of anxiety disorders, including drug treatments using benzodiazepines, MAO inhibitors, tricyclic antidepressants, and SSRIs.
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To comfort alwaysA Nurse’s Guide to End of Life CareCh.docx
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Chapter 13: Ethical Issues
Patients and families are faced with difficult choices
Decisions become more difficult when the patient cannot speak for themselves and families are conflicted
Chapter 13: Ethical Issues
Healthcare ethics
Called bioethics or medical ethics
Study of moral obligations of healthcare providers and society in preventing and treating disease and injury and in caring for people with illness and injury
Chapter 13: Ethical Issues
The most common healthcare ethics framework is based on four principles
Beneficence
Non-maleficence
Autonomy
Justice
Chapter 13: Ethical Issues
Beneficence
Obligation to act for another’s benefit
Looking at the benefits and burdens of a particular action or treatment
Non-maleficence
Obligation to “do no harm”
Looking at the burden a treatment or course of action might cause
Is the treatment going to prolong the patient’s dying without increasing quality or comfort
Chapter 13: Ethical Issues
Autonomy
Person’s right to choose independently
The right to choose also means the right to refuse treatment
Justice
Fair and equitable treatment
Broader meaning in looking at the best use of limited resources
Chapter 13: Ethical Issues
You face ethical dilemmas when you encounter conflict or controversy over a treatment or course of action
Conflicts occur when a patient lacks the capacity to make decisions for themselves and does not have an advance directive or has not communicated their wishes to family members or care providers prior to losing capacity
Chapter 13: Ethical Issues
Decision-making capacity
The ability of a patient to understand a proposed course of treatment, including the benefits and burdens, and to communicate treatment preferences or wishes to others
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Can you tell me why your doctor is recommending this treatment?
Can you tell me what the recommended treatment is?
Can you tell me about the benefits and risks of this treatment?
Chapter 13: Ethical Issues
Many of the common dilemmas in end-of-life care for patients and families involve either starting or discontinuing a treatment
Resuscitation
Should CPR be attempted if a patient’s heart stops?
Artificial nutrition and hydration
Should IV hydration or tube feedings be initiated?
Chapter 13: Ethical Issues
Ventilator support
Should a patient be placed on a ventilator?
If on one, should it be discontinued?
Initiation of treatment such as surgery or chemotherapy that might be considered futile or of no benefit to the patient
Chapter 13: Ethical Issues
You also see dilemmas arise over use of medications (opioids or sedatives) to control pain and other symptoms
If you use an ethical framework to address these issues, you need to meet several conditions
Medications are not given to cause death
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Lesson 4 Mental Health Policy and the Law ReadingsNOTE All.docx
Lesson 4: Mental Health Policy and the Law
Readings
NOTE: All articles except those with links are on E-Reserves.
Required
Frank, R.G., & Glied, S.A. ( 2006). Better but not well: Mental health policy in the United
States since 1950. Baltimore: Johns Hopkins Press. Chapter 6.
Petrila, J., & Douglas, K. S. (2002). Legal issues in maximum security institutions for people with mental illness: Liberty, security, and administrative discretion. Behavioral Sciences & the Law, 20(5), 463-480. doi:10.1002/bsl.505. Read 463-471.
Levin, B., Hennessy, K.D., & Petrila, J. (2004). Mental Health Services: A public health perspective. Oxford: Oxford University Press. Chapter 3; especially pages 42-50.
Zubritsky, C., Mullahy, M., Allen, M., & Alfano, E. (2006). The State of the Olmstead Decision and the Impact of Consumer Participation in Planning. American Journal of Psychiatric Rehabilitation, 9(2), 131-143. doi:10.1080/15487760600876345.
Optional
Lombardo, P. (1985). Three generations, no imbeciles: New light on Buck v. Bell. 60 New
York Law Review, 60(1), 30-62.
Summary
This week’s lesson centers on some of the key legal decisions that have influenced mental health policy and practices in the United States. We encourage you to explore some of the cases in depth which will be briefly described below; the facts of the cases can be very interesting. Remember, you will be responsible for writing a paper related to mental health law that will be due October 4th.
Early Court Involvement in Mental Health Policy
Until the middle of the 20th century with the advent of the civil rights movement, there were few laws protecting the rights of people with mental illness. Decision-making regarding hospitalization and care was left to hospital directors and psychiatrists with no required consent of the individual. Persons with mental illness could be involuntarily committed to a mental institution and remain there indefinitely with no legal protections. They could be medicated and operated on without their consent. No protections existed to assure that they were treated humanely and that the facilities in which they were housed were sanitary. When lawsuits were brought to defend their rights, cases were very often dismissed or ruled against them One extreme example was Buck v. Bell (1924), where the U.S. Supreme Court ruled that the forced sterilization of a young woman with a developmental disability was not a violation of the Due Process clause of the 14th Amendment to the U.S. Constitution.
Protections that required medical professionals to obtain patient consent before performing a procedure were afforded in Schloendorff v Society of New York Hospital in 1914 but these protections did not applied to those patients who were not of “sound mind”. Only much more recently have medical professionals been required to extend these protections to those with mental illness (see Salgo v. Leland Stanford Jr. University Board of Trustees ...
Medical research
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The document discusses the insanity defense and its various forms. It begins by stating that the insanity defense has developed into an understandable but challenging defense system. It then discusses the two main requirements for criminal charges - mens rea (guilty mind) and actus reus (guilty act). The insanity defense is based on the idea that certain mental illnesses can impair one's ability to form mens rea. It goes on to describe the four main forms of the insanity defense: M'Naghten, irresistible impulse, substantial capacity, and Durham.
Unit 7 project elizabeth hall civil committment and insanity defense
The document discusses the insanity defense, including its definition, use, and criticisms. It notes that the insanity defense is rarely used, with only about 1% of cases employing it, and only one-quarter of those being successful. It is difficult to prove due to differences between medical and legal definitions of insanity. While those found not guilty by reason of insanity are civilly committed for an average of three years rather than released, there are criticisms that the mentally ill are improperly treated within the criminal justice system and that it relies too heavily on expert opinion over scientific fact. The document concludes that public perceptions of the insanity defense are inaccurate and that better treatment of mentally ill offenders is needed.
Law-Exchange.co.uk Shared Resource
The insanity defense and diminished responsibility defense have been criticized for being outdated and unfair. The insanity defense applies to all crimes but must be proven by the defendant, contrary to the legal principle of innocence until proven guilty. Diminished responsibility is a partial defense that only applies to murder charges. Critics argue for replacing these defenses with a new defense that does not label the defendant "insane" and can be applied to cases involving severe mental disorders or handicaps. Overall, the document argues that the current insanity defense is in need of reform due to outdated legal definitions of insanity and inconsistencies that have resulted from its application in courts.
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Kohlberg’s theory of moral development
This document discusses Lawrence Kohlberg's theory of moral development. It outlines Kohlberg's stages of moral reasoning, including the pre-conventional, conventional, and post-conventional levels. A key aspect of Kohlberg's research was his use of moral dilemmas, such as the Heinz dilemma, to assess people's moral judgments and determine their stage of moral development. The document also notes some criticisms of Kohlberg's theory, such as the artificial nature of the dilemmas he used.
Overlapping Universe Understanding Legal Insanity and Psychosis.docx
Overlapping Universe: Understanding Legal Insanity and Psychosis
Zachary D. Torry • Stephen B. Billick
Published online: 6 April 2010 Springer Science+Business Media, LLC 2010
Abstract The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis.
Keywords Insanity defense NGRI Criminal action Mens rea
Introduction
The insanity defense has been a controversial and elusive component of the legal and psychiatric professions for centuries. It has long tantalized defendants and mystified jurors. Furthermore, the concept that certain people may not be held responsible for their actions by reason of their mental state generates feelings of anger and disparity among some individuals. The insanity defense is viewed by some as a ‘‘loophole’’ for defendants and a
Z. D. Torry Saint Vincent’s Hospital, Manhattan, NY 10024, USA
Z. D. Torry (&) 140 West 79th Street, #4B, New York, NY 10024, USA e-mail: [email protected]
S. B. Billick New York Medical College, New York, NY, USA
123
Psychiatr Q (2010) 81:253–262 DOI 10.1007/s11126-010-9134-2
scheme that clever attorneys and mental health professionals exploit to acquit their criminal clients and permit dangerous people to roam freely in society. Therefore, at times this defense directs accusatory attention to the field of clinical and forensic psychiatry. The psychiatrist might be viewed as creating excuses for the defendants’ otherwise criminal behavior. Finally, it has been sometimes argued that the insanity defense is inconsistent with the deterrent and punishment purposes of criminal law. The reality is that the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10–25% of those [1]. Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts [2]. Forensic psychiatrists are not the only psychiatrists who need to understand the insanity defense. Patients seen in ongoing clinical psychiatric treatment may commit crimes, and the psychiatrist should have some appreciation for understanding .
Catherine M. Hammack, "Thought Leader Perspectives on Risks and Protections i...
Catherine M. Hammack, "Thought Leader Perspectives on Risks and Protections i...The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics
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This conference aimed to: (1) identify the various ways in which law and ethics intersect with the use of big data in health care and health research, particularly in the United States; (2) understand the way U.S. law (and potentially other legal systems) currently promotes or stands as an obstacle to these potential uses; (3) determine what might be learned from the legal and ethical treatment of uses of big data in other sectors and countries; and (4) examine potential solutions (industry best practices, common law, legislative, executive, domestic and international) for better use of big data in health care and health research in the U.S.
The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School 2016 annual conference was organized in collaboration with the Berkman Center for Internet & Society at Harvard University and the Health Ethics and Policy Lab, University of Zurich.
Learn more at http://petrieflom.law.harvard.edu/events/details/2016-annual-conference.Ch 14 Criminal Responsibility and Defenses
The document discusses criminal responsibility and defenses. It covers topics like insanity, intoxication, infancy, justification, excuse, use of force defenses like self-defense, and reforms to insanity defense laws. Key cases discussed include M'Naghten, Durham test, and Hinckley case which led to reforms placing burden of proof on defendants for insanity pleas.
Dr 2013
Diminished responsibility is a partial defence that allows a defendant charged with murder to argue they are guilty of manslaughter instead. There are four elements that must be proven: 1) the defendant was suffering from an abnormality of mental functioning, 2) caused by an underlying medical condition, 3) they were substantially impaired, and 4) the abnormality provides an explanation for the killing. The document discusses a case where a defendant named Philip Simelane was detained after pleading diminished responsibility, and examines some of the legal issues surrounding the partial defence.
Abbas Rattani, "Religious Delusion, Decision-Making Capacity, and Culpability...
Abbas Rattani, "Religious Delusion, Decision-Making Capacity, and Culpability...The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics
This document discusses the complex issues surrounding religious delusions, mental illness diagnoses, and their implications for the insanity defense and religious freedom. It explores how religious fundamentalism may relate to mental health vulnerabilities and criminal behavior, particularly when influenced by group dynamics. Key topics examined include distinguishing subjective versus objective understanding of wrongfulness, considerations of the First Amendment, and how defendants' views of their own psychology impact assessments of moral and legal culpability.Unit2 ethicallegalonline2
This document discusses major ethical and legal issues in psychiatric mental health nursing, including patient rights, scope of practice, the Florida Mental Health Act, and important legal decisions. It covers inpatient rights like confidentiality, informed consent, and visitation. It outlines the scope of practice for advanced registered nurse practitioners and areas of psychiatric practice. It describes provisions of the Florida Mental Health Act regarding involuntary admission and the rights to refuse treatment, receive treatment, and duties to warn and protect others.
PSY285 Chapter 17
This PowerPoint presentation summarizes key points about mental retardation and autism from chapter 17, including the criteria and levels of mental retardation, genetic and environmental factors, symptoms and theories of autism, societal issues, and approaches to prevention and therapy. The presentation covers topics such as fragile X syndrome, Down syndrome, fetal alcohol syndrome, theories including the biological and cognitive perspectives, policies regarding education and community integration, and examples of behavioral, cognitive, pharmacological, and psychotherapeutic interventions.
PSY285 Chapter 16
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This document summarizes key points from Chapter 6 of Abnormal Psychology Ninth Edition, which discusses the neuroscience perspective. The chapter covers behavioral genetics, the central nervous system, peripheral nervous system, endocrine system, and integrating neuroscience with psychological perspectives. Evaluating the neuroscience perspective notes that not all mental illness can be traced to organic causes and treatment approaches raise ethical issues. Integrating perspectives may offer new understanding of psychopathology by combining what is known about environment influencing brain functioning.
PSY285 Chapter 5
This PowerPoint presentation summarizes chapter 5 of the textbook, which covers three major perspectives in abnormal psychology: the psychodynamic perspective, the humanistic-existential perspective, and the interpersonal perspective. The psychodynamic perspective is based on Freud's concepts of the id, ego, superego, and defense mechanisms. The humanistic-existential perspective focuses on self-actualization and the therapist acting as a facilitator. The interpersonal perspective emphasizes interactions among people and how social relationships can influence disorders.
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Lesson 4 Mental Health Policy and the Law ReadingsNOTE All.docx
Lesson 4: Mental Health Policy and the Law
Readings
NOTE: All articles except those with links are on E-Reserves.
Required
Frank, R.G., & Glied, S.A. ( 2006). Better but not well: Mental health policy in the United
States since 1950. Baltimore: Johns Hopkins Press. Chapter 6.
Petrila, J., & Douglas, K. S. (2002). Legal issues in maximum security institutions for people with mental illness: Liberty, security, and administrative discretion. Behavioral Sciences & the Law, 20(5), 463-480. doi:10.1002/bsl.505. Read 463-471.
Levin, B., Hennessy, K.D., & Petrila, J. (2004). Mental Health Services: A public health perspective. Oxford: Oxford University Press. Chapter 3; especially pages 42-50.
Zubritsky, C., Mullahy, M., Allen, M., & Alfano, E. (2006). The State of the Olmstead Decision and the Impact of Consumer Participation in Planning. American Journal of Psychiatric Rehabilitation, 9(2), 131-143. doi:10.1080/15487760600876345.
Optional
Lombardo, P. (1985). Three generations, no imbeciles: New light on Buck v. Bell. 60 New
York Law Review, 60(1), 30-62.
Summary
This week’s lesson centers on some of the key legal decisions that have influenced mental health policy and practices in the United States. We encourage you to explore some of the cases in depth which will be briefly described below; the facts of the cases can be very interesting. Remember, you will be responsible for writing a paper related to mental health law that will be due October 4th.
Early Court Involvement in Mental Health Policy
Until the middle of the 20th century with the advent of the civil rights movement, there were few laws protecting the rights of people with mental illness. Decision-making regarding hospitalization and care was left to hospital directors and psychiatrists with no required consent of the individual. Persons with mental illness could be involuntarily committed to a mental institution and remain there indefinitely with no legal protections. They could be medicated and operated on without their consent. No protections existed to assure that they were treated humanely and that the facilities in which they were housed were sanitary. When lawsuits were brought to defend their rights, cases were very often dismissed or ruled against them One extreme example was Buck v. Bell (1924), where the U.S. Supreme Court ruled that the forced sterilization of a young woman with a developmental disability was not a violation of the Due Process clause of the 14th Amendment to the U.S. Constitution.
Protections that required medical professionals to obtain patient consent before performing a procedure were afforded in Schloendorff v Society of New York Hospital in 1914 but these protections did not applied to those patients who were not of “sound mind”. Only much more recently have medical professionals been required to extend these protections to those with mental illness (see Salgo v. Leland Stanford Jr. University Board of Trustees ...
Medical research
Medical Research: conflicts between autonomy and beneficence/non maleficence, euthanasia, informed consent, confidentiality, criticisms of orthodox medical ethics
Forms Of The Insanity Defense
The document discusses the insanity defense and its various forms. It begins by stating that the insanity defense has developed into an understandable but challenging defense system. It then discusses the two main requirements for criminal charges - mens rea (guilty mind) and actus reus (guilty act). The insanity defense is based on the idea that certain mental illnesses can impair one's ability to form mens rea. It goes on to describe the four main forms of the insanity defense: M'Naghten, irresistible impulse, substantial capacity, and Durham.
Unit 7 project elizabeth hall civil committment and insanity defense
The document discusses the insanity defense, including its definition, use, and criticisms. It notes that the insanity defense is rarely used, with only about 1% of cases employing it, and only one-quarter of those being successful. It is difficult to prove due to differences between medical and legal definitions of insanity. While those found not guilty by reason of insanity are civilly committed for an average of three years rather than released, there are criticisms that the mentally ill are improperly treated within the criminal justice system and that it relies too heavily on expert opinion over scientific fact. The document concludes that public perceptions of the insanity defense are inaccurate and that better treatment of mentally ill offenders is needed.
Law-Exchange.co.uk Shared Resource
The insanity defense and diminished responsibility defense have been criticized for being outdated and unfair. The insanity defense applies to all crimes but must be proven by the defendant, contrary to the legal principle of innocence until proven guilty. Diminished responsibility is a partial defense that only applies to murder charges. Critics argue for replacing these defenses with a new defense that does not label the defendant "insane" and can be applied to cases involving severe mental disorders or handicaps. Overall, the document argues that the current insanity defense is in need of reform due to outdated legal definitions of insanity and inconsistencies that have resulted from its application in courts.
Compassion Safety Rights Final 1-15
This document discusses the complex relationship between compassion, safety, and rights in the context of mental health. It touches on issues like involuntary treatment, dangerousness, and the perspectives of those with lived experience of mental illness. The author has experience working in mental health advocacy and has dealt with these issues from many sides. They aim to examine these issues using multiple perspectives and the most current research and law.
Kohlberg’s theory of moral development
This document discusses Lawrence Kohlberg's theory of moral development. It outlines Kohlberg's stages of moral reasoning, including the pre-conventional, conventional, and post-conventional levels. A key aspect of Kohlberg's research was his use of moral dilemmas, such as the Heinz dilemma, to assess people's moral judgments and determine their stage of moral development. The document also notes some criticisms of Kohlberg's theory, such as the artificial nature of the dilemmas he used.
Overlapping Universe Understanding Legal Insanity and Psychosis.docx
Overlapping Universe: Understanding Legal Insanity and Psychosis
Zachary D. Torry • Stephen B. Billick
Published online: 6 April 2010 Springer Science+Business Media, LLC 2010
Abstract The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis.
Keywords Insanity defense NGRI Criminal action Mens rea
Introduction
The insanity defense has been a controversial and elusive component of the legal and psychiatric professions for centuries. It has long tantalized defendants and mystified jurors. Furthermore, the concept that certain people may not be held responsible for their actions by reason of their mental state generates feelings of anger and disparity among some individuals. The insanity defense is viewed by some as a ‘‘loophole’’ for defendants and a
Z. D. Torry Saint Vincent’s Hospital, Manhattan, NY 10024, USA
Z. D. Torry (&) 140 West 79th Street, #4B, New York, NY 10024, USA e-mail: [email protected]
S. B. Billick New York Medical College, New York, NY, USA
123
Psychiatr Q (2010) 81:253–262 DOI 10.1007/s11126-010-9134-2
scheme that clever attorneys and mental health professionals exploit to acquit their criminal clients and permit dangerous people to roam freely in society. Therefore, at times this defense directs accusatory attention to the field of clinical and forensic psychiatry. The psychiatrist might be viewed as creating excuses for the defendants’ otherwise criminal behavior. Finally, it has been sometimes argued that the insanity defense is inconsistent with the deterrent and punishment purposes of criminal law. The reality is that the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10–25% of those [1]. Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts [2]. Forensic psychiatrists are not the only psychiatrists who need to understand the insanity defense. Patients seen in ongoing clinical psychiatric treatment may commit crimes, and the psychiatrist should have some appreciation for understanding .
Catherine M. Hammack, "Thought Leader Perspectives on Risks and Protections i...
Catherine M. Hammack, "Thought Leader Perspectives on Risks and Protections i...The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics
Part of the "2016 Annual Conference: Big Data, Health Law, and Bioethics" held at Harvard Law School on May 6, 2016.
This conference aimed to: (1) identify the various ways in which law and ethics intersect with the use of big data in health care and health research, particularly in the United States; (2) understand the way U.S. law (and potentially other legal systems) currently promotes or stands as an obstacle to these potential uses; (3) determine what might be learned from the legal and ethical treatment of uses of big data in other sectors and countries; and (4) examine potential solutions (industry best practices, common law, legislative, executive, domestic and international) for better use of big data in health care and health research in the U.S.
The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School 2016 annual conference was organized in collaboration with the Berkman Center for Internet & Society at Harvard University and the Health Ethics and Policy Lab, University of Zurich.
Learn more at http://petrieflom.law.harvard.edu/events/details/2016-annual-conference.Ch 14 Criminal Responsibility and Defenses
The document discusses criminal responsibility and defenses. It covers topics like insanity, intoxication, infancy, justification, excuse, use of force defenses like self-defense, and reforms to insanity defense laws. Key cases discussed include M'Naghten, Durham test, and Hinckley case which led to reforms placing burden of proof on defendants for insanity pleas.
Dr 2013
Diminished responsibility is a partial defence that allows a defendant charged with murder to argue they are guilty of manslaughter instead. There are four elements that must be proven: 1) the defendant was suffering from an abnormality of mental functioning, 2) caused by an underlying medical condition, 3) they were substantially impaired, and 4) the abnormality provides an explanation for the killing. The document discusses a case where a defendant named Philip Simelane was detained after pleading diminished responsibility, and examines some of the legal issues surrounding the partial defence.
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Abbas Rattani, "Religious Delusion, Decision-Making Capacity, and Culpability...The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics
This document discusses the complex issues surrounding religious delusions, mental illness diagnoses, and their implications for the insanity defense and religious freedom. It explores how religious fundamentalism may relate to mental health vulnerabilities and criminal behavior, particularly when influenced by group dynamics. Key topics examined include distinguishing subjective versus objective understanding of wrongfulness, considerations of the First Amendment, and how defendants' views of their own psychology impact assessments of moral and legal culpability.Unit2 ethicallegalonline2
This document discusses major ethical and legal issues in psychiatric mental health nursing, including patient rights, scope of practice, the Florida Mental Health Act, and important legal decisions. It covers inpatient rights like confidentiality, informed consent, and visitation. It outlines the scope of practice for advanced registered nurse practitioners and areas of psychiatric practice. It describes provisions of the Florida Mental Health Act regarding involuntary admission and the rights to refuse treatment, receive treatment, and duties to warn and protect others.
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PSY285 Chapter 18
- 1. 1 A PowerPoint™ Slide Presentation for Abnormal Psychology Ninth Edition 9/e Lauren B. Alloy, Ph.D. John H. Riskind, Ph.D. Margaret B. Manos Developed by Joseph A. Davis, Ph.D. McGraw-Hill Copyright © 2005. This McGraw-Hill multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission over any network; preparation of any derivative work, including the extraction, in whole or part, of any images; any rental, lease, or lending of the program.
- 2. 2 Chapter 18 Legal and Ethical Issues in Abnormal Psychology
- 3. 3 Chapter Main Points Psychological Disturbances and Criminal Law Civil Commitment Patients’ Rights Ethics and the Mental Health Profession
- 4. 4 Psychological Disturbance and Criminal Law The Insanity Defense: Defendant admits to having committed the crime Pleads not guilty due to mental disturbance Claims he or she was not morally responsible at the time of the crime
- 5. 5 Psychological Disturbance and Criminal Law The Insanity Defense: Questions the Defendant’s Mental State at the Time of the Offense (MSO) Legal Tests of Insanity M’Naghten, Others A new verdict: guilty but mentally ill (GBMI) Procedural aspects of the insanity defense Criticisms of the insanity defense
- 6. 6 Psychological Disturbance and Criminal Law Competency to Stand Trial (CST): Questions the Defendant’s mental state at the time of the trial Ability to assist legal counsel at the time of the trial
- 7. 7 Civil Commitment Civil Commitment: Individuals who have been committed involuntarily to a mental hospital because the state decided that they were disturbed enough to require hospitalization Often times found to be a danger to self, to others or the community
- 8. 8 Civil Commitment Procedures for Civil Commitment: The right to a jury trial The right to the assistance of counsel The right against self-incrimination The standard of proof The “beyond a reasonable doubt” standard
- 9. 9 Civil Commitment False Positive: An unjustified commitment False Negative: A failure to commit a person when commitment is justified and necessary
- 10. 10 Civil Commitment Standards for Commitment: The Definition of Dangerousness The Determination of Dangerousness Variability in the legal definition Complexity of the literature Judgement biases Differential consequences to the predictor
- 11. 11 Civil Commitment The “thank-you” Proposition Expert testimony in civil commitment Making commitment easier The case against civil commitment
- 12. 12 Patient’s Rights The Right to Receive Treatment: Must provide an individualized treatment program for each patient, skilled staff in sufficient numbers to administer such treatment, and a humane psychological and physical environment The Right to Refuse Treatment: Issues surrounding competency, informed consent or other
- 13. 13 Patient’s Rights The Right to a Humane Environment: Right to privacy and dignity Opportunity for religious worship Nutritionally adequate diets Within multi-patient sleeping rooms, adequate privacy and furnishings
- 14. 14 Patient’s Rights The Right to a Humane Environment: Adequate and private bathing and toilet areas Right to wear own clothes and keep personal possessions Similar visitation and telephone rights as patients at other public hospitals
- 15. 15 Patient’s Rights The Right to a Humane Environment: Unrestricted right to send and receive mail Right to regular physical exercise Opportunity must exist for interaction with members of the opposite sex
- 16. 16 Ethics and the Mental Health Profession Mental health professionals decide which among countless variations are abnormal The power to commit someone involuntarily (a loss of freedom)
- 17. 17 Recapping the Main Points Psychological Disturbances and Criminal Law Civil Commitment Patients’ Rights Ethics and the Mental Health Profession
- 18. 18 End of Chapter 18 Legal and Ethical Issues in Abnormal Psychology