Chapter 16

These flashcards cover key topics related to civil commitment, the insanity defense, and the roles of mental health professionals, including rights and the efficacy of treatments.

What are the general criteria for civil commitment?

A person has a mental illness, needs treatment, is dangerous to self or others, or is gravely disabled.

What is the process for civil commitment?

It involves failing to seek help, others believing help is needed, a petition to a judge, legal proceedings, and a final determination by the judge.

What justifications exist for government authority in civil commitment?

Police power to promote health, welfare, and safety, and Parens patriae where the state acts as a surrogate parent.

How has civil commitment been affected by deinstitutionalization?

The Supreme Court restricted involuntary commitment, leading to increased homelessness, and arrests, and contributing to the criminalization of mental illness.

What are common attributes in definitions of insanity?

Focus on mental state at the crime time, ability to distinguish right from wrong, and degree of behavioral control.

How does popular perception of the insanity defense compare to reality?

Popularly seen as a loophole, yet used in less than 1% of cases, with those found not guilty often hospitalized longer than if jailed.

What changes occurred in insanity defense rules after the Hinckley verdict?

75% of states abolished or modified the defense; including the Insanity Defense Reform Act and limits on expert testimony.

What are the requirements for competence in a legal context?

Understanding legal charges and ability to assist in one's own defense, with the burden of proof on the defense.

What happens when a defendant is found incompetent to stand trial?

Loss of decision-making authority, commitment to an institution, and eventual restoration to competence or civil commitment.

What expert roles can mental health professionals fulfill as witnesses?

Competency evaluations, DSM diagnosis, psychological assessment, and evaluating malingering.

What is the duty to warn?

Based on Tarasoff v. Regents; therapists must warn identifiable individuals in danger.

What rights do patients have concerning treatment?

Right to treatment, humane care, least restrictive alternative, and the right to refuse treatment.

What rights do research participants hold?

Informed consent, privacy, protection from harm, right to refuse participation, and anonymity.

What is clinical efficacy?

How well an intervention works based on scientific evidence.

What is clinical utility?

Effectiveness of treatment in real-world practice considering cost, accessibility, and patient engagement.