Forensic Psych Exam 3

Civil Commitment

the involuntary hospitalization or mandated treatment of mentally ill individuals who need care and incapacitation because they exhibit dangerous tendencies towards themselves or others

Parens Patriae

A legal doctrine allowing the state to intervene and provide for individuals unable to care for themselves

-”parent of the nation”

Police Power

The capacity of the government to regulate behaviors and enforce order for the betterment of health, safety, morals, and general welfare

-protect society from the mentally ill

Change in Hospitalization Rates

Hospitalization rates have significantly decreased from the early 1900s to today, primarily due to deinstitutionalization and the development of community-based treatment

-antipsychotic medication allowed for release of individuals

-patients granted more civil rights

Universal Criteria for Civil Commitment

1) presence of mental illness

2) The individual poses a danger to themselves or others

Labeling Effect

The phenomenon where being labeled as mentally ill can influence whether someone is judged to have mental illness

Rosenhan’s Study

Demonstrated the mislabeling of sane individuals as insane and the treatment they received once labeled

Patient Protections in Extended Commitment Hearings

Patients have the right to legal representation, the right to present evidence, and the right to be notified of the hearings.

Setting for Committed Individuals

The treatment setting must be the least restrictive environment possible, balancing safety and individual rights.

Difficulty of Risk Assessments

Risk assessments are challenging due to the uncertainty and variability of human behavior over time.

Grave Disability

A condition where an individual is unable to provide for their basic personal needs; often those suffering from severe mental illness are committed.

Extended Civil Commitment

Continued commitment of an individual for treatment beyond an emergency period, often requiring periodic reviews.

Emergency Commitment

A short-term commitment for immediate treatment due to imminent danger posed by the individual.

Emergency Commitment Process in Ohio

In Ohio, emergency commitment can hold an individual for up to 72 hours upon evaluation by professionals.

Easiest Risk to Assess

Presence of grave disability is easiest to assess because it can often be objectively measured.

Competence of Mentally Ill Individuals

The majority of mentally ill individuals retain the capacity to make their own medical decisions.

Gender Association with Suicide Risk

Studies show that gender can influence suicide risk, with males generally at higher risk than females.

Capacity for Suicide

Refers to an individual's ability to form intentions and act towards suicide, helping explain differing rates of suicide.

Importance of Competent Defendants

Ensures defendants understand the trial proceedings and can contribute to their own defense.

Three Prongs of Dusky Competency Standard

1) Ability to understand the charges; 2) Ability to assist in one's own defense; 3) Sufficient rational understanding.

Criteria for Competency to Stand Trial in Ohio

Similar to Dusky, but may involve additional assessments of functioning and understanding.

Assessment in CST Evaluation

Typically includes a broader evaluation of an individual's mental health status and understanding of the judicial process.

Percentage of Incompetent Defendants

Approximately 20% of referred defendants are deemed incompetent to stand trial.

Raising Competency Issues

Competency issues are usually raised by defense attorneys or the court.

Jackson v. Indiana (1972)

Established that a defendant cannot be held indefinitely for competency restoration without progress.

Commitment Duration for Competency Restoration in Ohio

Individuals can be committed for up to 18 months for competency restoration.

Malingering in Competency Evaluations

Approximately 10% of individuals evaluated for competency to stand trial are found to be malingering.

Quality of Competency Evaluations

Research suggests that standard practices for conducting competency evaluations lack consistency and quality.

Common Diagnoses in Incompetent Defendants

Schizophrenia, major depressive disorders, and bipolar disorder are frequently diagnosed among those found incompetent.

Competency Restoration

The process of treatment and evaluation aimed at reinstating an individual’s ability to stand trial.

Percentage Restored to Competency

About 60-70% of defendants are successfully restored to competency.

Common Diagnoses Unable to be Restored

Chronic conditions such as severe cognitive disorders and persistent mental illnesses may prevent restoration.

Effectiveness of Competency Restoration Treatments

Research suggests that various treatment methods vary significantly in effectiveness.

Wariness in Competency Evaluations

Psychologists are often wary of conducting 'fitness for duty' evaluations due to potential biases.

Informed Consent Exceptions

Mental health providers can act without consent in emergencies or when individuals pose a risk of harm.

Purpose of Insanity Defense

To account for individuals who are unable to understand the nature of their actions due to mental illness.

Differences between Competency and Insanity Evaluations

Competency evaluations assess readiness for trial; insanity evaluations assess mental state at the time of the crime.

First Insanity Standard

The M’Naghten Rule dominated early English law as the first insanity standard.

Three Prongs of M’Naghten Standard

1) Defendant did not know the nature of the act; 2) Did not know it was wrong; 3) At time of action, was suffering from a severe mental disease.

States without Insanity Standard

About four states do not recognize an insanity defense.

Most Common Insanity Standard

The M’Naghten Rule remains the most widely used standard for assessing insanity.

Ohio Standard for Insanity

Follows the M’Naghten standard, focusing on the defendant’s mental state, knowledge of their actions, and the distinction of right from wrong.

Insanity Reform Act Trigger

The act was prompted by public outrage following high-profile cases of insanity acquittals.

Outcomes of the Insanity Reform Act

1) Restricted the use of insanity defense; 2) Required the prosecution to prove sanity in many cases.

Percentage of Insanity Defense Cases

Insanity defenses are utilized in approximately 1% of criminal cases.

Percentage of Insanity Defenses Resulting in Acquittal

Only about 25% of insanity defenses lead to acquittal.

Misconceptions about Insanity Acquittals

Commonly believed to be a 'get out of jail free card,' but actual acquittals are rare and heavily scrutinized.

Challenges in Insanity Evaluations

Complexity of mental illness and the variability of symptoms complicate evaluations.

Importance of Third-Party Information in Insanity Evaluations

Third-party testimony can provide crucial context and corroborate the defendant’s mental state.

Judges and Juries Agreement with Expert Opinions

Judges and juries often disagree with expert opinions in insanity cases, raising concerns about forensic psychology validity.

Malingering in Insanity Acquittees

False; the majority of insanity acquittees are not malingering a mental illness.

Diminished Capacity Defense

A legal defense claiming a mental disorder impaired the defendant's ability to form intent.