ethical and legal issues. CH 16

psychopathology pt.2

confidentiality

the ethical requirement not to disclose information about a patient (even whether someone is a patient) to others unless legally compelled to do so.

privileged communication

confidential information that is protected from being disclosed during legal proceedings

criminally responsible

the determination that a defendant’s crime was the product of an action or attempted action (the alleged criminal behaviour) and his or her intention to perform that action

M’Naghten test (or rule) 1843

the legal test in which a person is considered insane if, because of a “defect of reason, from disease of the mind,” they did not know what they were doing (at the time of committing the act) and did not know it was wrong

irresistable impulse test 1886

the legal test in whih a person is considered insane if they kew that their criminal behaviour was wrong but nonetheless performed it because of an irresistable impulse

durham test 1954

the legal test in which a person is considered insane if an irresistible imulse to perform criminal behaviur was due to a mental defect or disorder present at the time of the crime.

american legal institute (ALI) test 1962

the legal test in which a defendant is considered insane if he or she either lacks a substantial capacity to appreciate that his or her behaviour was wrong or has a diminished ability to make his or her behaviour conform to the law.

present federal law 1984 and 1988

lack capacity to appreciate the wrongfullness of his or her conduct

competency to stand trial

the determination that a defendant’s mental state during the time leading up to the trial enables him or her to participate in his or her own defence

dangerousness

the legal term that refers to someone’s potential to harm self or others.

tarasoff rule

a ruling by the supreme court of california (and later other courts) the psychologists have a duty to protect potential vicitms who are in imminent danger

criminal commitment

the involuntary commitment of a mental health facility of a person charged with a crime

civil commitment

the involuntary commitment to a mental health facility of a person deemed to be a significant risk of harming himself or herself or a specific other person