Legal and Ethical Issues

As long as order is preserved in the community, the philosophical ideal of the U.S. government is to allow citizens the maximum degree of

a. liberty.

b. justice.

c. independence.

d. discipline.

a. liberty.

Frank, who has schizophrenia, allegedly severely beat another man after an argument. While he is being examined by a psychologist to see if he is fit to stand trial, he is being held at a state forensic psychiatric hospital. This is an example of

a. civil commitment.

b. competency commitment.

c. criminal commitment.

d. psychiatric commitment.

c. criminal commitment.

Criminal and civil commitment can be best distinguished by whether or not

a. the one being committed is insane.

b. criminal activity has allegedly occurred.

c. the crime is such that it shocks the conscience.

d. police intervention is required for transport.

b. criminal activity has allegedly occurred.

An individual whose mind is so disordered that they are unable to formulate and carry out a criminal plan may be judged to be

a. insane.

b. incompetent.

c. deficient.

d. defective.

a. insane.

The definition of insanity comes from

a. the American Psychiatric Association.

b. the American Psychological Association.

c. court proceedings and decisions.

d. cultural conventions and norms.

c. court proceedings and decisions.

A legal argument based on the notion that a defendant should not be held responsible for an illegal act if it is attributable to mental illness or intellectual disability that interferes with rationality is called a(n)

a. insanity defense.

b. competency defense.

c. probative defense.

d. lawful capacity defense.

a. insanity defense.

The insanity defense is used in less than what percentage of legal cases?

a. 0.1%

b. 1%

c. 5%

d. 8%

b. 1%

In what year was the concept of irresistible impulse formulated?

a. 1734

b. 1834

c. 1884

d. 1984

b. 1834

A lawyer asserts that an uncontrollable pathological impulse or drive compelled a person to commit a criminal act. The lawyer is invoking the a. irresistible impulse rule. b. M’Naghten rule. c. American Law Institute guidelines. d. Insanity Defense Reform Act.

a. irresistible impulse rule.

A lawyer asserts that her client did not know that what he was doing was wrong. The lawyer is invoking the a. irresistible impulse rule. b. M’Naghten rule. c. American Law Institute guidelines. d. Insanity Defense Reform Act.

b. M’Naghten rule.

A lawyer asserts that his client’s criminal act was a result of a severe mental illness or defect that prevents the client from understanding the nature of the crime. The lawyer is using a defense consistent with the a. irresistible impulse rule. b. M’Naghten rule. c. American Law Institute guidelines. d. Insanity Defense Reform Act.

d. Insanity Defense Reform Act.

Michael was convicted of a crime, but the court acknowledged that his severe mental illness played a significant role in his actions. Michael was found to be a. guilty but mentally ill. b. not guilty by reason of insanity. c. incompetent. d. insane. Test Bank Chapter 16 – Legal and Ethical Issues 16 - 4 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition

a. guilty but mentally ill.

George killed his two children because he believed he heard voices telling him to do so. His defense attorney argued that, due to George’s uncontrolled schizophrenia at the time of the crime, he should not be held responsible for the crime and should thus be acquitted. Which of the following best describes the plea that George's defense attorney made? a. not guilty but mentally ill b. non compos mentis c. not guilty by reason of insanity d. guilty but mentally insane

c. not guilty by reason of insanity

An individual who successfully pleads not guilty by reason of insanity will be a. committed to a forensic hospital for an indefinite amount of time. b. generally placed in a maximum-security prison. c. able to walk free, but with strict requirements for outpatient psychiatric treatment. d. placed in a group home until he or she isthey are deemed ready to reenter society.

a. committed to a forensic hospital for an indefinite amount of time.

If an individual is judged to be guilty but mentally ill, the person will usually a. be remanded to a community-based treatment center until judged mentally well. b. be placed in a prison where he or she may or may not receive treatment. c. be placed in a psychiatric hospital until he or she is deemed ready to reenter society. d. be remanded to a local psychiatric hospital for inpatient treatment. Test Bank Chapter 16 – Legal and Ethical Issues 16 - 5 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition

b. be placed in a prison where he or she may or may not receive treatment.

Trials in which an insanity defense is offered typically involve a. considerable flexibility in determining who is responsible for criminal actions. b. subjective determinations of the defendant’s mental state at the time of the crime. c. individuals with antisocial personality disorder and no other significant mental disorders. d. agreement between prosecution and defense experts as to sanity.

b. subjective determinations of the defendant’s mental state at the time of the crime.

The M’Naghten rule states that a person is insane if the person a. has an irresistible impulse leading him or her to commit a crime. b. has a diagnosable mental illness. c. is not competent to stand trial. d. did not know right from wrong at the time of the criminal act.

d. did not know right from wrong at the time of the criminal act.

According to the American Law Institute guidelines, which of the following psychological disorders would be explicitly excluded from the insanity defense? a. paranoid schizophrenia b. dissociative identity disorder c. posttraumatic stress disorder d. antisocial personality disorder Test Bank Chapter 16 – Legal and Ethical Issues 16 - 6 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition

d. antisocial personality disorder Test Bank Chapter 16 – Legal and Ethical Issues 16 - 6 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition

A primary purpose of the American Law Institute in drafting guidelines for defining the insanity defense was to a. avoid specifying symptoms of mental illness that might later become obsolete. b. provide a more specific and informative test for lay jurors. c. allow greater leeway for expert witnesses to define the concept of mental illness. d. open the defense to the full range of mental illnesses.

b. provide a more specific and informative test for lay jurors.

A major result of the Insanity Defense Reform Act was a. to require a documented history of mental illness in order to use an insanity defense. b. to clarify what specific crimes may be associated with insanity. c. to restrict the insanity defense to multiple offenders. d. to eliminate irresistible impulse as a plausible insanity defense.

d. to eliminate irresistible impulse as a plausible insanity defense.

The Insanity Defense Reform Act shifted the burden of proof onto the a. defense. b. prosecution. c. expert witness. d. judge.

a. defense.

Under the Insanity Defense Reform Act, a person who is deemed not guilty by reason of insanity a. must be suffering from at least a moderate mental illness. b. may be hospitalized for longer than the maximum allowable time for his or her crime. c. must lack the overall capacity to appreciate the wrongfulness of his or her behavior. d. may have experienced multiple irresistible impulses that led to the crime.

b. may be hospitalized for longer than the maximum allowable time for his or her crime.

The guilty but mentally ill plea maximizes the likelihood of a. hospitalization. b. community placement. c. treatment. d. incarceration.

d. incarceration.

What is the rationale for laws that provide for legal verdicts of guilty but mentally ill? a. to prevent those with significant mental illnesses from being treated as criminals b. to provide treatment options for convicted criminals while still holding them accountable c. to force mentally ill criminals to accept that they are ill and take medication to treat their illness d. to permit consideration of whether the accused could appreciate the wrongfulness of his or her actions

b. to provide treatment options for convicted criminals while still holding them accountable

Patrick was found guilty of murdering his wife. Psychiatrists testified that Patrick had paranoid schizophrenia and that his delusions led directly to the criminal act. If his state allows the guilty but mentally ill verdict, what sentence would Patrick likely receive? a. psychiatric commitment until a psychiatrist determines that he is cured of his mental illness b. psychiatric commitment until a psychiatrist determines that he is no longer dangerous c. incarceration but with the recommendation for psychiatric care during the incarceration d. incarceration with the recommendation that he be held in solitary confinement for safety

c. incarceration but with the recommendation for psychiatric care during the incarceration

According to the text, the case of Jeffrey Dahmer exemplifies a. the plea of not guilty by reason of insanity. b. the distinction between mentally ill and insane. c. the aggressive behaviors of antisocial personality disorder. d. how a psychologically healthy person can be temporarily insane.

b. the distinction between mentally ill and insane.

The Jones v. United States case illustrated which problem with the insanity defense? a. Mentally ill people may still be guilty of crimes. b. People deemed to be insane may be hospitalized for longer than they would have been imprisoned. c. Committed patients have a right to refuse treatment. d. A person may have been insane at the time of the crime but still be competent to stand trial.

b. People deemed to be insane may be hospitalized for longer than they would have been imprisoned.

What level of certainty is required for the standard of proof “beyond a reasonable doubt”? a. 50% b. 75% c. 90% d. 95%

d. 95%

In what year was the landmark ruling that led to the Durham test? a. 1934 b. 1944 c. 1954 d. 1964

c. 1954

The standard of proof “by clear and convincing evidence” requires a. 51% certainty. b. 75% certainty. c. 95% certainty. d. 100% certainty.

b. 75% certainty.

The standard of proof “by a preponderance of the evidence” requires a. 51% certainty. b. 76% certainty. c. 96% certainty. d. 99% certainty.

a. 51% certainty.

What is the distinction between insanity and competency to stand trial? a. Insanity is more serious than incompetency to stand trial. b. Competency, but not insanity, concerns persons accused of a crime. c. Someone found competent to stand trial cannot also be found insane. d. Insanity and competency address mental states at different points in time.

d. Insanity and competency address mental states at different points in time.

You are an attorney appointed to represent a client accused of rape, who has a history of mental illness. During your first several meetings, the man is completely incoherent. Which of the following issues should you address first? a. competency to stand trial b. possibility of mens rea c. possibility of an insanity defense d. possibility of civil commitment

a. competency to stand trial

The difference between insanity and competency to stand trial is that a. insanity involves a person’s state at the time of the crime. b. insanity is a diagnosis used in mental health treatment. c. insanity has less serious consequences. d. the criteria for insanity are more clear-cut.

a. insanity involves a person’s state at the time of the crime.

Simon has been diagnosed with schizophrenia. He is accused of murder, and his lawyers have suggested that he is not competent to stand trial. He is then administered Haldol, his symptoms remit significantly, and he stops experiencing paranoid ideas and delusions. What would be likely to happen next? a. He would continue to be considered incompetent to stand trial as the medication produced the change in his symptoms. b. He would not be tried in court. c. His lawyers would have to reconsider their insanity defense. d. He would be considered competent to stand trial.

d. He would be considered competent to stand trial.

The issue of competency to stand trial is based on the basic legal principle a. that a person must be able to help with his or her own defense and understand the charges. b. that mentally ill persons may not be held responsible for their crimes. c. of innocent until proven guilty. d. of free will and the knowledge of right and wrong.

a. that a person must be able to help with his or her own defense and understand the charges.

When someone is determined to be incompetent to stand trial, what typically happens to the person? a. He or she is released. b. He or she is treated and, if later found to be competent, tried then for the original crime. c. He or she is treated and then released. d. He or she is treated while serving time in prison for the crime.

b. He or she is treated and, if later found to be competent, tried then for the original crime.

In the Jackson v. Indiana case, it was decided that a person judged incompetent to stand trial can be committed to a prison hospital a. for an indeterminate period, as long as the accused is still considered a danger to others. b. for an indeterminate period, as long as the accused is still judged to be insane. c. only until it is determined whether or not the accused will ever become competent. d. only if the competence of the accused is dependent on medication.

c. only until it is determined whether or not the accused will ever become competent.

In what court case was the precedent for competency to stand trial established? a. Pate v. Robinson b. Atkins v. Virginia c. Robinson v. Illinois d. Jackson v. Indiana

a. Pate v. Robinson

Brian, who has been diagnosed with schizophrenia, has been accused of several violent assaults and is being held in a forensic hospital to assess his competency. Psychiatrists believe that Brian is not currently competent to stand trial but will become competent if he takes antipsychotic medication. Brian has Test Bank Chapter 16 – Legal and Ethical Issues 16 - 13 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited steadfastly refused to do so, believing that the medication will poison him. Can Brian be forced by the court to take medication? a. Yes, courts can always order medication to restore competency. b. Yes, but only if certain conditions are met. c. No, the court cannot order medication but his family can approve forced medication. d. No, absolutely not.

b. Yes, but only if certain conditions are met.

The prosecution and the defense in the trial of Andrea Yates agreed a. that she knew right from wrong. b. that she was sane at the time of the murders. c. that she killed her children. d. that she should be in a mental hospital.

c. that she killed her children.

The first trial of Andrea Yates caused great public debate because a. the jury found her to be sane and guilty. b. the jury found her to be insane and guilty. c. the defense did not argue that she was insane. d. the defense agreed that she belonged in prison.

a. the jury found her to be sane and guilty.

Saks’s argument with respect to dissociative identity disorder as an insanity defense is that a. the body that commits the crime should be held responsible, regardless of whether the “person” was conscious of the crime being committed. Test Bank Chapter 16 – Legal and Ethical Issues 16 - 14 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition b. the person, not the body, is responsible for a crime. c. dissociative identity disorder is usually faked by criminals. d. since therapy for dissociative identity disorder is not usually effective, confinement to a prison mental hospital is illogical.

b. the person, not the body, is responsible for a crime.

In which case did the U.S. Supreme Court rule that the death penalty was unconstitutional when imposed on individuals with significant intellectual disabilities? a. Mannis v. Virginia b. Atkins v. Virginia c. Robinson v. Illinois d. Jackson v. Indiana

b. Atkins v. Virginia

In a 2014 decision regarding Freddie Lee Hall, who had been convicted of murder and sentenced to death, the U.S. Supreme Court ruled that determinations of intellectual disability a. must include assessments of adaptive functioning. b. can be based on prevailing beliefs in the state. c. must rely solely on the objective criteria of intelligence tests. d. can only rule out intellectual disability, not confirm its presence.

a. must include assessments of adaptive functioning.

Horace Kelly had been found guilty of the rape and murder of two women and the slaying of an 11- year-old boy and had been sentenced to death. What happened that made the U.S. Supreme Court rule that his execution would be considered cruel and unusual punishment? a. His mental health deteriorated profoundly. b. His family provided proof that he had a lifelong intellectual disability. c. Evidence emerged that he was insane when the crimes were committed. d. Evidence emerged that he had been severely abused as a child.

a. His mental health deteriorated profoundly.

Most states hold that a person can be involuntarily committed to a mental hospital a. if he or she is found to be mentally ill. b. if he or she is found to be mentally ill and a danger to self or others. c. only if he or she has committed a crime. d. only if he or she has committed a violent crime.

b. if he or she is found to be mentally ill and a danger to self or others.

Despite her objections, the police took Elizabeth directly to a mental hospital after they found her in an obviously deranged state, attempting to harm herself. Once there, she adamantly refused to be admitted, claiming she had important work to do in the community. What procedure could be used to keep her in the hospital against her will? a. voluntary commitment b. criminal commitment c. forced commitment d. civil commitment

d. civil commitment

An informal civil commitment a. applies only if there is no imminent danger. b. can be used only if the person agrees. c. can be accomplished without involving the courts. d. requires an order from an administrative law judge.

c. can be accomplished without involving the courts.

Approximately what percentage of people with schizophrenia or related disorders are nonviolent? a. 60% b. 70% c. 80% d. 90%

d. 90%

Which of the following comorbid disorders predicts an increase in the risk of violence among people with significant mental illness? a. schizotypal personality disorder b. bipolar disorder c. major depressive disorder d. substance use disorder

d. substance use disorder

Under what circumstances might a court agree to force medication on a person who has been civilly committed? a. under no circumstances is forced medication approved in a civil commitment b. if the person lacks insight into his or her circumstances c. if the person’s family or guardian wants the person to be medicated d. if the person presents a clear and imminent threat to others

d. if the person presents a clear and imminent threat to others

In Wyatt v. Stickney, the federal court ruled that the only justification for the civil commitment of a person with a psychological disorder is a. confinement. b. community order. c. criminality. d. treatment.

d. treatment.

Which of the following is predictive of dangerousness in individuals with a serious mental disorder? a. being compliant with medications b. a history of violence c. repeated hospitalizations d. living in a shelter

b. a history of violence

Assisted outpatient commitment is intended to a. make hospitalization quicker. b. facilitate medication compliance. c. decrease criminality. d. improve insight into the illness.

b. facilitate medication compliance.

According to the text, what is the emphasis of recent court decisions in cases involving involuntary civil commitment? a. holding professionals accountable for predicting dangerousness b. holding professionals accountable for violating confidentiality c. protecting the safety of the public d. protecting the rights of the mentally ill

d. protecting the rights of the mentally ill

The Tarasoff case led to the ruling that a therapist who learns that a client is threatening to harm someone must a. take steps to have the person committed. b. physically detain the client. c. warn the intended victim of the client’s threat. d. notify police that the person is dangerous.

c. warn the intended victim of the client’s threat.

The idea of protecting foreseeable victims involves extending the Tarasoff case to include a. potential victims even in the absence of explicit threats. b. those close to the intended victim. c. those who live near the allegedly dangerous individual. d. local mental health professionals.

a. potential victims even in the absence of explicit threats.

The duty to warn has recently been expanded to include a. theft of property worth more than $500. b. certain property damage such as arson. c. vandalism and other crimes of public disorder. d. so-called victimless sex crimes.

b. certain property damage such as arson.

Susan, who has a long history of bipolar disorder, some brief jail sentences, and repeated hospitalizations, was ordered to participate in assisted outpatient treatment. She did well initially but has recently been refusing to take her medication. What is the likely outcome? a. She may be involuntarily hospitalized. b. She may be jailed. c. She will be kicked out of the program. d. She will be forcibly medicated.

a. She may be involuntarily hospitalized.

Following civil commitment, patients must be placed in a. mental hospitals. b. settings that provide medication treatment. c. the most restrictive setting to which they will consent voluntarily. d. the least restrictive setting in which they will be prevented from harming themselves or others.

d. the least restrictive setting in which they will be prevented from harming themselves or others.

In the Wyatt v. Stickney case on the right to treatment, the court ruled that a. private mental hospitals must provide a minimum level of care to patients who cannot pay full fees. b. patients involuntarily committed to a psychiatric hospital must receive treatment. c. every American must have access to affordable mental health care. d. therapists cannot refuse treatment to those who request it.

b. patients involuntarily committed to a psychiatric hospital must receive treatment.

The right to treatment refers to the right of a. all people to affordable health care. b. professionals to make treatment decisions. c. committed people to receive adequate care. d. society to have dangerous people treated.

c. committed people to receive adequate care.

In the case of O’Connor v. Donaldson, Kenneth Donaldson was involuntarily committed to a psychiatric hospital for 14 years. He sued the hospital psychiatrists, arguing that a. the treatment he was given was experimental and he had not consented to participate. b. the original commitment hearing had been unfair since he did not have an attorney. c. he should be able to select which medications he preferred, regardless of their cost. d. he had been held against his will, without being treated and without being dangerous.

d. he had been held against his will, without being treated and without being dangerous.

Which of the following is true regarding the right to refuse treatment? a. It does not apply if a person is judged to be at risk of becoming dangerous to others. b. It does not apply if a person is a danger to self or others. c. It applies only to those in the least restrictive environment. d. It applies to criminal commitment but not civil commitment.

b. It does not apply if a person is a danger to self or others.

The argument against patients’ right to refuse treatment has typically been based on the notion that a. untreated patients may become dangerous. b. involuntarily committed patients should not have a say in their treatment. c. patients may be too disturbed to make sound judgments about their treatment. d. the type of treatment prescribed should be determined by the courts, not the patients.

c. patients may be too disturbed to make sound judgments about their treatment.

Which of the following is true regarding the deinstitutionalization of large numbers of mentally ill persons? Test Bank Chapter 16 – Legal and Ethical Issues 16 - 22 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited a. It occurred after adequate community services were widely available. b. It resulted in the discovery that most will comply with treatment only when forced. c. It has been recognized as harmful, and most patients have been returned to state hospitals. d. It created a large population of impoverished, homeless people with severe mentally illnesses.

d. It created a large population of impoverished, homeless people with severe mentally illnesses.

Deinstitutionalization has been described as an improper label because a. most patients end up in treatment in outpatient clinics. b. most patients who are deinstitutionalized remain mentally ill. c. patients typically end up living in other institutions. d. few patients are actually discharged from the hospital.

c. patients typically end up living in other institutions.

Deinstitutionalization policies have inadvertently led to which of the following outcomes? a. the release of many dangerous individuals b. jails and prisons having more mentally ill inmates c. an insufficient number of research participants d. increased costs of treatment

b. jails and prisons having more mentally ill inmates

Which of the following is designed to serve as an ideal and to address moral issues of right and wrong? Test Bank Chapter 16 – Legal and Ethical Issues 16 - 23 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited a. the law b. ethical statements c. professional guidelines d. best practices

d. best practices

The Nuremberg Code, formulated in 1947, and the Declaration of Helsinki, issued in 1964, were intended to a. create institutional review boards to ensure that research was conducted ethically. b. provide criminal penalties for scientific misconduct and ethical violations. c. facilitate research participation by inmates. d. protect the rights of people participating in research.

d. protect the rights of people participating in research.

The Belmont Report addressed a. atrocities committed by Nazis during World War II. b. the importance of conducting research that will benefit the most vulnerable people. c. facilitating research participation by community volunteers. d. restrictions on research performed with prisoners, children, and people in psychiatric hospitals.

d. restrictions on research performed with prisoners, children, and people in psychiatric hospitals.

In what process are participants in research studies told about the potential risks and reminded that they are free to decline participation? a. informed consent b. opting in c. implied consent Test Bank Chapter 16 – Legal and Ethical Issues 16 - 24 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition d. explicit choice

a. informed consent

Audrey agreed to participate in a research experiment being conducted by a professor in psychology. She was told that the experiment would last 2 hours and would be somewhat boring but was not expected to be harmful in any way. After 1 hour, Audrey got tired of the tasks she was asked to do and told the experimenter she had changed her mind and wanted to quit. Can the experimenter tell her that she has to continue? a. Yes, because Audrey used 1 hour of the experimenter’s time that will be wasted if she quits now. b. Yes, since Audrey agreed to participate knowing that the experiment would be boring. c. No, because Audrey has the right to stop at any time for any reason. d. No, because the experimenter failed to obtain informed consent.

c. No, because Audrey has the right to stop at any time for any reason.

Which of the following does the text identify as a common problem in obtaining informed consent from research participants? a. Being informed may change their behavior during the study. b. Researchers may withhold critical information. c. The benefits may not justify the risks. d. Participants may not understand what they are told.

d. Participants may not understand what they are told.

Confidentiality is based on __________, whereas a privileged communication is __________. a. state law

decided on by the individual therapist b. the ethical code of a profession

based on law Test Bank Chapter 16 – Legal and Ethical Issues 16 - 25 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition c. the therapist’s obligation not to disclose information

the client’s obligation not to disclose opinions about the therapist d. verbal reports in therapy

a written report of the therapist’s impression of a client

b. the ethical code of a profession

based on law Test Bank Chapter 16 – Legal and Ethical Issues 16 - 25 Copyright © 2021 John Wiley & Sons. Unauthorized copying, distribution, or transmission of this page is strictly prohibited Kring/Johnson, Abnormal Psychology 15th Edition

Which of the following rights of clients has a legal (not just an ethical) basis? a. confidentiality b. informed consent c. privileged communication d. choice of goals

c. privileged communication

Under which circumstance might the right of privileged communication be eliminated? a. if the professional providing treatment is a psychiatrist, not a psychologist b. if the client has repeatedly failed to pay for the treatment on time c. if the person accuses the therapist of committing malpractice d. if someone close to the client wants information about the treatment

c. if the person accuses the therapist of committing malpractic