PSYC 360 -- Legal and ethical issues

British System

US legal system influenced by British law.

M'Naghten Rule

Presumes innocence if mental illness impairs understanding.

Insanity Defense

Legal defense claiming mental illness affects culpability.

Irresistible Impulse Concept

Not responsible if actions stem from uncontrollable impulses.

Durham vs. US

Innocence if crime results directly from mental illness.

American Law Institute

Innocence if unable to regulate behavior due to illness.

Guilty But Mentally Ill

Conviction with allowances for mental health treatment.

Competency to Stand Trial

Mental illness must not preclude participation in trial.

Competency to Refuse Treatment

Right to refuse treatment, even if irrational.

Competency to Withstand Punishment

Must understand punishment to avoid cruel treatment.

Civil Commitment

Forced treatment for serious mental illness or danger.

Recidivism Rates

High likelihood of repeat offenses among offenders.

Tough Childhood Defense

Claiming childhood trauma to lessen legal consequences.

Burden of Proof

Shifted to defense in insanity cases post-Reagan.

Severe Mental Illness

Must be significantly impaired to claim insanity.

Psychiatric Ward

Facility for individuals deemed incompetent for trial.

Legal Precedent

Previous court decisions influence current legal standards.

Judicial Rulings

Decisions made by judges affecting legal interpretations.

Mental Health Treatment

Care provided to individuals with mental health issues.

Child Abuse Defense

Using past abuse to argue for leniency in sentencing.

Court Order

Legal directive required for extended civil commitment.

Threat to Others

Criteria for civil commitment involving potential harm.

Incarceration Period

Time spent in custody may exceed treatment duration.

Mental Illness Criteria

Standards for defining mental illness in legal contexts.

Psychological Problems

Conditions affecting individuals' legal rights and responsibilities.

Legal Liberties

Rights protected under law for all citizens.

Least Restrictive Environment

Provide services with minimal restriction on freedom.

Right to Treatment

Patients must receive appropriate treatment in care settings.

Tarasoff Obligations

Therapists must warn potential victims of threats.

Civil Action

Legal responsibility for failure to warn victims.

Dual Relationship

Psychologist holds multiple roles with a client.

Informed Consent

Patients must understand and agree to treatment.

Capacity for Consent

Ability to give consent varies by individual circumstances.

Special Ethical Populations

Groups needing careful consent consideration include children.

Voluntary Participation

Participation in research must be free from coercion.

IRB Role

Oversight board ensuring ethical research practices.

Who is the Client?

Clinician must clarify client relationships and interests.

Confidentiality

Client-clinician communications are private and protected.

Privileged Communication

Legal right to confidentiality in therapy sessions.

Healthcare System Complications

Insurance requires detailed information for treatment approval.

Confidentiality in Minors

Parents have access to their children's clinical information.

Breaking Confidentiality

Mandatory disclosure in cases of harm or legal issues.

Malpractice

Legal action against clinicians for negligent care.

Suicide Risk

Clinicians must act if a client poses a danger.

Victim of Abuse

Mandatory reporting for minors experiencing abuse.

Ethical Dilemmas

Conflicts between ethics, law, and practicalities arise.

Ethical Principles

Guidelines governing psychologist conduct in practice.

Referrals

Transfer of responsibility to another clinician or service.

Research Ethics

Standards ensuring participant welfare in studies.

Legal Guardians

Responsible for consent for mentally ill individuals.

Third World Citizens

Special considerations for consent in developing regions.

Financial Incentives

Offering money for participation raises ethical concerns.

Therapist Responsibility

Duty to act in clients' best interests at all times.