abnormal.lecture15.2025
Adult Psychopathology
Presented by Dr. Simon B. Sherry, a professor at Dalhousie University and psychologist at CRUX Psychology.
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Chapter 17: Mental Health and the Law
Key Topics Covered:
Civil Commitment
Criminal Commitment
Ethics and Treatment of Mental Illness
Clinical Practice Guidelines
Conclusions
Interaction Between Mental Health and Legal Systems
Clinical scientists and practitioners operate within societal institutions.
“Forensic psychology” is the intersection of mental health and the legal system.
Assessing Responsibility in Criminal Cases
Courts evaluate defendants' responsibility in crimes, influenced by mental health professionals.
Mental instability can affect the capacity to defend oneself.
Criminal Commitment Process
Criminal commitment happens when:
Individuals are found not guilty by reason of insanity (NGRI)
Individuals are committed until competent to stand trial.
Issues surrounding mental instability are complex and contentious.
Multicultural Issues in Forensic Psychology
Racial minority groups are disproportionately sent to prison rather than mental health facilities.
Variations seen in evaluations for competency to stand trial across different racial groups in New York State.
Criminal Commitment Details
Criminal commitment holds individuals accused of crimes but deemed mentally unstable in care.
Issues around battered woman syndrome and responsibility are also considered.
The Insanity Defense
Legal standards: M’Naghten rule, NGRI, NCRMD (Not Criminally Responsible on account of Mental Disorder).
Recent terminology changes from 'insanity' to 'mental disorder.'
Case Example: Vince Li
Successfully used the NCRMD defense due to paranoid schizophrenia during his trial for murder.
Reactions to Insanity Defense
Importance of balancing legal concerns and the rights of the mentally ill.
Statistics show high rates of severe mental illness among those acquitted due to insanity.
Misunderstanding of the Insanity Defense
Public misperceptions regarding its frequency and outcomes are prevalent.
Repeat Offenders and Treatment Approaches
Issues surrounding sexual predators and their categorization; some states introduced laws for preemptive incarceration.
Fitness to Stand Trial
Understanding charges is vital for defendants to assist in their defense.
If unfit, defendants may be conditionally discharged or detained.
Civil Commitment Process
Civil commitment legally allows for forced mental health treatment under certain conditions.
Ethical dilemma between individual rights and societal protection.
Criteria for Civil Commitment
Commitment requires:
The presence of a mental disorder.
Endangerment to self or others.
The need for treatment.
Definition and Assessment of Dangerousness
Historically, mental illness was linked to non-violent behavior, but post-deinstitutionalization data suggest a connection to violence exists.
Rights of Patients
Courts have ruled on rights concerning treatment and conditions of confinement.
Recent protections for patients include the right to minimally restrictive treatment and aftercare upon release.
Mental Health and Legal Professionals
Interactions occur in malpractice suits, jury selection, and legal assessments of psychology research relevance.
Eyewitness Testimony
Highly influential but often unreliable in court settings.
Important investigations track the accuracy of eyewitness accounts and their influences.
Ethical Considerations
Psychologists must avoid dual relationships and harm, maintaining professional boundaries and competencies.
Confidentiality is mandated, except under conditions of risk to self or others or legal requirements.
Public Perception vs. Reality of Mental Health Issues
Surveys reveal discrepancies between public beliefs about mental health treatments and their actual statistics.