CH 16 - Forensic Issues in Abnormal Psych

forensic psychology

the branch of psychology concerned with intersections between psychological practice and research and the judicial system

criminal commitment

a legal process by which people accused of a crime are judged mentally unstable and sent to a treatment facility

not guilty by reason of insanity (NGRI)

a verdict stating that defendants are not guilty of a crime because they were insane at the time of the crime

M'Naghten test

a legal standard that holds people to be insane if, because of a mental disorder, they did not know the nature of the act or did not know right from wrong

irresistible impulse test

a legal standard that holds people to be insane at the time they committed a crime if their act was the result of a mental disorder or defect

Durham test

a legal standard that holds people to be insane at the time they committed a crime if their act was the result of a mental disorder or defect

American Law Institute test

a legal standard that holds people to be insane at the time they committed a crime if, because of a mental disorder, they did not know right from wrong or could not resist an uncontrollable impulse to act

guilty but mentally ill

a verdict stating that defendants are guilty of committing a crime but are also suffering from a mental illness that should be treated during their imprisonment

mental incompetence

a state of mental instability that leaves defendants unable to understand the legal charges and proceedings they are facing and unable to prepare an adequate defense with their attorney

civil commitment

a legal process by which a person can be forced to undergo mental health treatment

right to treatment

the legal right of patients, particularly those who are involuntarily committed, to receive adequate treatment

right to refuse treatment

the legal right of patients to refuse certain forms of treatment

malpractice suit

a lawsuit charing a therapist with improper conduct in the course of treatment

code of ethics

a body of principles and rules for ethical behavior, designed to guide decisions and actions by members of a profession

confidentiality

the principle that certain professionals will not divulge the information they obtain from a client

duty to protect

the principle that therapists must break confidentiality in order to protect a person who may be the intended victim of a client

employee assistance program

a mental health program offered by a business to its employees

stress-reduction seminars

workshops or group sessions offered by businesses, in which mental health professionals teach employees how to cope, solve problems, and/or reduce stress

managed care program

an insurance program in which the insurance company decides the cost, method, provider, and length of treatment

peer review system

a system by which clinicians paid by an insurance company may periodically review a patient's progress and recommend the continuation or termination of insurance benefits

guilty with diminished capacity

situation in which a defendant's mental dysfunctioning is viewed as an extenuating circumstance that the court should take into consideration in determining the precise crime of which he or she is guilty (e.g., murder vs. manslaughter)

mentally disordered sex offender

special legal category for those who are repeatedly found guilty of sex crimes and thus believed to be mentally ill

sexually violent predator laws

laws that require those convicted of sex crimes to be involuntarily committed for treatment following release from prison

two-physicians certificates (2 PCs)

common term for certificates of a emergency commitment, which traditionally required that two physicians declare the patient to be a danger to themselves or others

dangerousness

judgement regarding this quality is generally required for involuntary civil commitment

Dusky v. United States (1960)

Establishes minimum standard for competence to stand trial; defendant must be able to 1.) understand the charges they face and 2.) be capable of cooperating with a lawyer to conduct defense

Jackson v. Indiana (1972)

Established that incompetent defendants cannot be indefinitely committed without trial

Wyatt v. Stickney

Right to treatment decision- established minimum standards of treatment for individuals in mental health facilities

Tarasoff v. Regents of the University of California

A landmark legal case resulting in clinical psychologists' "duty to warn" potential victims of dangerous or harmful acts whose identity is revealed by clients during psychological services