Exam 18: Mental Health and the Law
In U.S.law,________ is an exception to the concept of criminal responsibility.
A
Compare and contrast the assumptions held by the legal system and those held by mental health professionals concerning the nature of the cause of human behavior.
The legal system starts with the assumption that individuals are in possession of "free will," that they have control over their behavior,and that they make choices and freely act on them.Thus,the law can hold people accountable for their actions.Mental health professionals tend to start from the assumption of "determinism," that is,all human behavior is the result of complex interactions between genetics,biological factors,past experience,local conditions,social pressures,etc.,and they recognize that sometimes,as the result of factors,such as brain tumors or social coercion,individuals actually can be made to behave against their will.The law does make one exception with regard to the assumption of free will in the "insanity" defense that recognizes that an individual can be suffering from a mental disorder that clouds his reason,perception,or judgment so much that it no longer makes any logical or legal sense to hold him fully responsible for his actions.At this point,the two definitions overlap,and a judge and/or jury needs to sort out the issue of responsibility.
A public policy official reads that the rates of violence are five times higher among people with serious mental illness than they are among the general population.Based on this evidence,the public policy official recommends legislation that would allow those with serious mental illness to be detained preventatively to keep them from committing violent offences.What is the scientific evidence that suggests that such a policy is not justified?
The actual risk of violence is much lower than publicly perceived.Ninety percent of mentally ill people have no history of violence.Furthermore,while current psychotic symptoms predict violence,past psychotic episodes do not predict future violence.While the percentage of violent behavior among those with mental illness is higher than it is among the general population,those statistics include those who abuse alcohol or drugs.Substance abuse increases the likelihood of violence for both the mentally ill and the general population.Finally,other factors,such as poverty,also increase the risk for violence,and our society would consider it a violation of civil liberties to detain someone simply for being poor.Except in certain extreme cases,this policy would not be justified.
The legal concept of ________ reflects the idea that people act out of free will and are accountable for their actions when they violate the law.
How does Lenore Walker's concept of the battered woman syndrome explain why it is so hard for a battered woman to leave an abusive relationship?
In all death penalty cases,________ must be conducted,which include an assessment for mental disorders.
What are the two broad rationales for the government's power to put people into psychiatric hospitals against their will,through civil commitment procedures?
In Kansas v.Hendricks,the Supreme Court ruled the Kansas sexual predator law to be
____________ is the ethical obligation not to reveal private communications that is basic to psychotherapy.
In Osheroff vs.Chestnut Lodge,Dr.Osheroff successfully sued Chestnut Lodge for a variety of reasons,including:
Briefly outline the conditions inherent in the M'Naghten ruling for finding a defendant not guilty by reason of insanity,and then discuss the changes that have occurred in U.S.law that have modified the conditions for its successful application.
Discuss how outpatient or community commitment meets some of the concerns of over paternalism and addresses some of the needs created by deinstitutionalization.
For more than eight years,Marilyn's husband has subjected her to physical and psychological abuse.As a result,she has been treated in the emergency room more than 10 times for a variety of injuries from bruises to broken bones.Each time she is abused,her husband begs for forgiveness.Finally,one night she takes his gun and shoots him as he is sleeping.She is charged with murder.Which of the following is a defense that has been used more often in cases like Marilyn's?
Discuss the circumstances in which a therapist would be obliged to break confidentiality regarding a patient.
The civil commitment of people who are dangerous to others is justified by
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