Deck 18: Legal and Ethical Issues

Question 1

The Canadian Charter of Rights and Freedoms guarantees mental health treatment for all Canadians.

Answer 1

False

Question 2

If a person involuntarily committed to a mental hospital is not receiving treatment, he or she is legally permitted to leave.

Answer 2

False

Question 3

The data is inconclusive as to the effectiveness of community treatment orders.

Answer 3

True

Question 4

The Violence Risk Appraisal Guide (VRAG) is used to predict the likelihood of violence.

Question 5

Every province in Canada, except Quebec, uses community treatment orders.

Question 6

Each province sets its own laws in accordance with its interpretation of the Charter of Rights and Freedoms

Question 7

Civil commitment affects more people than criminal commitment.

Question 8

People often spend more time detained when they are found not criminally responsible on account of a mental disorder than they would have if they had been found guilty and given a typical sentence for their crime.

Question 9

The result of the Tarasoff case was that duty to warn was extended to include intended victims.

Question 10

A person's mental state at the time of the crime is part of the determination of fitness to stand trial.

Question 11

According to one psychiatrist, more than 90% of psychotic people have no insight into their condition, and therefore do not believe they need treatment.

Question 12

Instead of focusing on assessment of risk, the focus is now on trying to predict who will be dangerous if/when released from detention.

Question 13

One reason to use community treatment orders is because people with mental illness often cannot make treatment decisions for themselves.

Question 14

It has been proposed that the M'Naghten Rules may need to be rewritten due to neuroscientific findings regarding irresistible impulse and lack of self-control.

Question 15

Civil law is determined at the Federal level in Canada, whereas criminal law is determined provincially.

Question 16

Louis Riel was deemed fit to stand trial despite two psychiatrists concluding he was insane.

Question 17

A person can be fired from their job due to mental illness if accommodating that illness causes undue hardship for the employer.

Question 18

Because "insanity" is a legal term, one can be found not guilty due to insanity.

Question 19

The two most violent groups of people are substance abusers and the mentally ill.

Question 20

The HCR-20 is an actuarial method of assessing risk.

Question 21

The procedure, which is provided for in provincial statutes, by which mentally ill and dangerous individuals who may not have broken the law can be deprived of their liberty is called:

A) Criminal commitment
B) Civil commitment
C) Community treatment order
D) Preventative detention

Question 22

Ethics are legal standards that professionals must adhere to.

Question 23

Roughly 40% of the homeless in Canada also have a mental illness.

Question 24

In Canada, matters of health law are determined at the ____________ level

A) Federal
B) Provincial
C) Municipal
D) Civil

Question 25

Mental health courts can help divert the mentally ill to treatment rather than jail.

Question 26

The procedure that confines a person to a mental institution, either for determination of competency to stand trial or after a verdict of not criminally responsible on account of a mental disorder, is called:

A) Civil commitment
B) Criminal commitment
C) Community commitment
D) Community treatment order

Question 27

In Canada, psychiatric researchers are bound to the Medical Research Council of Canada's Guidelines on Research Involving Humans.

Question 28

Differences in the Charter of Rights and Freedoms are found among the provinces in Canada which has potential implications for matters such as rights for the mentally ill. This is made possible by the:

A) Notwithstanding clause
B) Fundamental freedoms clause
C) M'Naghten Rules
D) Community commitment orders

Question 29

Informed consent must be obtained from research participants.

Question 30

If there are competing goals for therapy between the client and therapist, the therapist's goals should prevail.

Question 31

Jane has a job interview this morning. She hasn't worked for a year, as she was seeking treatment for depression and was unable to meet the demands of employment. Jane also has limitations on what she can do in the workplace due to partial blindness in one eye. If the interviewer were to discriminate against Jane, which factor is the most likely one to be an issue?

A) Jane's gender (female)
B) Jane's physical disability
C) Jane's mental illness
D) Jane's gap in employment history

Question 32

According to Eaves, Lamb, and Tien (2000):

A) Canada was the first country to employ the "not criminally responsible" defence
B) Canada sends individuals convicted of crime and suspected of having a mental illness to hospitals, rather than prisons
C) Canada explicitly extends the rights of equality to individuals with mental illnesses
D) Canada has the lowest rates of recidivism for individuals with mental illnesses

Question 33

Psychologists are said to "hold the privilege" for communications between themselves and their clients.

Question 34

In which Canadian province has Napoleonic law been incorporated into civil statues?

A) British Columbia
B) Quebec
C) Ontario
D) Alberta

Question 35

Stigma associated with mental illness can act as a(n) ____ factor in workplace discrimination.

A) Approximate
B) Distal
C) Formative
D) Summative

Question 36

When a person is mandated to therapy by a third party, the third party (e.g., judge, employer) may be considered to be the client.

Question 37

Following the Nuremberg Trials, all research has been conducted ethically.

Question 38

What reason(s) do the authors of your textbook give to open the chapter on legal and ethical issues in abnormal psychology with

A) Because the legal and mental health systems collaborate to deny a substantial proportion of the Canadian population their basic civil rights
B) Because one of the sections specifically addresses the rights of the mentally ill
C) Because judges, tribunals, governing boards of hospitals, and professional mental groups have worked to protect the general population from the actions of the mentally ill
D) All of the above

Question 39

Criminal and civil commitment can be best distinguished by:

A) Whether the one being committed is insane.
B) Whether a crime has been committed by the individual.
C) The severity of the symptoms and the crime committed.
D) The type of police intervention necessary.

Question 40

The Canadian Psychological Association endorses the notion that people have the right to receive treatment from competent individuals.

Question 41

Which of the following landmark cases in Canada lead to the creation of Bill C-30?

A) Rex v. Hadfield
B) Winko v. British Columbia
C) Regina v. Swain
D) Rex v. M'Naghten

Question 42

Which of the following landmark cases allowed mentally ill individuals to be institutionalized rather than being returned to prison or the community?

A) Rex vs. Hadfield
B) Rex vs. M'Naghten
C) Regina vs. Swain
D) Regina vs. Chaulk

Question 43

Which of the following landmark cases is said to mark the beginning of the modern insanity defence?

A) Rex vs. Hadfield
B) Regina vs. M'Naghten
C) Regina vs. Swain
D) Regina vs. Chaulk

Question 44

What is "mens rea" in relation to a crime?

A) The cognitive component of the crime
B) The criminal behaviour itself
C) The incapacity to foresee the consequences of your actions
D) The intention to kill someone

Question 45

What was the purpose of the Criminal Lunatics Act of 1800, which was subsequently incorporated into the Criminal Code of Canada in 1892?

A) It allowed people to use insanity as a defence.
B) It allowed the court to sentence people to a mental institution instead of prison.
C) It led to the development of separate sections within which institutions could separate the criminal from the non-criminal mentally insane.
D) It prevented the mentally ill from being sent to rehabilitation centres for this time period, although this was later changed so that the mentally ill now receive treatment instead of go to prison.

Question 46

A review conducted by Canadian researchers on the insanity defence (aka NCRMd) found that:

A) It is rarely used
B) It typically only successful when applied to severely disordered people
C) People who are found to be insane are often detained for very long periods of time
D) All of the above

Question 47

The current defence of "not criminally responsible" was previously termed:

A) Criminally irresponsible.
B) Not guilty by reason of insanity.
C) Not guilty due to mental defect.
D) Not guilty due to lack of mens rea.

Question 48

Which of the following was not a result of Bill C-30?

A) Provincial review boards rather than the lieutenant governor determined fitness to stand trial.
B) The accused person could not be treated against his or her own will.
C) The assessment of mental state could only be completed prior to the trial and not revised.
D) The term "not guilty by reason of insanity" was changed to "not criminally responsible."

Question 49

Lucia Piovesan was diagnosed with paranoid schizophrenia but rarely took her prescribed anti-psychotic medication. She stabbed to death the child of a neighbour after being convinced that the soul of her dead son was inhabiting the child's body. Based on the circumstances, she was:

A) Found guilty of murder and sent to prison
B) Found insane and released to the community
C) Found not guilty due to her schizophrenia
D) Found not criminally responsible

Question 50

According to Bill C-30, assessments may be ordered for:

A) Fitness to stand trial
B) Criminal responsibility
C) Infanticide
D) All of the above

Question 51

Which of the following landmark cases led to the stipulation that "wrong" means legally and morally wrong?

A) Regina vs. M'Naghten
B) Regina vs. Swain
C) Regina vs. Chaulk
D) Regina vs. Oommen

Question 52

Which of the following landmark cases lead to the accused being required to know what is wrong, but also being able to apply that knowledge at the time of the act?

A) Regina vs. M'Naghten
B) Regina vs. Swain
C) Regina vs. Chaulk
D) Regina vs. Oommen

Question 53

The insanity defence rests on the assumption of:

A) Innocence until proven guilty
B) A secular philosophy
C) Free will
D) Biological bases of mental illness

Question 54

According to Canadian researchers Lymburne and Roesch (1999), the insanity defence does not put the public at risk because:

A) It is often used by people who are not otherwise violent.
B) People who are acquitted because of insanity are still detained for long periods of time.
C) It allows for rehabilitation.
D) People who are found guilty because of insanity are sent to mental institutions

Question 55

As a result of Regina v. Swain, Canadian review boards now determine the individual's fate within:

A) 10 days after the verdict
B) 45 days after the verdict
C) 6 months after the verdict
D) 9 months after the verdict

Question 56

Jeffrey Dahmer, the serial killer, was an example of a criminal who was:

A) Mentally ill but not legally insane.
B) Legally insane but not mentally ill.
C) Insane according to the rule of knowing right from wrong, but not according to the irresistible impulse rule.
D) Neither mentally ill nor legally insane.

Question 57

In the Canadian Bill C-30, the phrase "not guilty by reason of insanity" was changed to:

A) "Not criminally responsible on account of mental disorder"
B) "Not guilty by reason of mental disorder"
C) "Not criminally responsible on account of insanity"
D) "Innocent"

Question 58

In terms of the law and mental health, the emerging field called neurolaw focuses on:

A) The introduction of neuroscientific data into the legal system
B) On the primary argument that the accused suffers from a form of brain dysfunctions and related processing deficits
C) Reducing the severity of sentences rather than establishing innocence
D) All of the above

Question 59

In Regina v. Chaulk, the Supreme Court of Canada expanded upon the term "wrong" to include:

A) Legally wrong
B) Socially wrong
C) Morally wrong
D) Mentally wrong

Question 60

The M'Naghten rule states that the insanity defence is appropriate if a person:

A) Has an irresistible impulse leading him or her to commit a crime.
B) Has a diagnosable mental illness.
C) Is not competent to stand trial.
D) Does not know right from wrong at the time of the criminal act.

Question 61

According to your textbook, which of the following provinces has not implemented some form of community treatment orders?

A) Ontario
B) British Columbia
C) New Brunswick
D) Manitoba

Question 62

Saskatchewan is distinct from other provinces in Canada regarding the criteria for involuntary admission by jurisdiction in that individuals are not committed if:

A) They are capable of making treatment decisions
B) They only pose a minor danger to others
C) They will suffer further deterioration while in custody
D) None of the above

Question 63

There is currently a push in Canada to allow for the indefinite detention of people who are NCRMD and deemed to be at high-risk of re-offending (i.e., Bill C-54). According to the Chief Justice of Canada's Supreme Court, this is:

A) A good idea - most people who are NCRMD are unpredictable so indefinite detention protects society
B) A good idea - most people who are NCRMD are highly likely to re-offend
C) Probably a good idea for high-profile cases, as it will provide a sense of closure and security
D) Not a good idea - the current system seems to be working

Question 64

Which of the following is not a component of the FIT-R?

A) Understanding of the purpose of the legal proceedings
B) Ability to communicate clearly while on the stand
C) Understanding the consequences of the legal proceedings
D) Ability to communicate with one's lawyer

Question 65

Louis Riel believed that he had been selected by the spirits to bring forward the message of the Métis. Indeed, Riel displayed many symptoms of:

A) Omnipotence
B) Megalomania
C) Delusions of grandeur
D) Delirium

Question 66

You are an attorney appointed to represent a poor client accused of rape who has a history of mental illness. During your first several meetings, the man is completely incoherent. Which of the following issues should you address first?

A) Fitness to stand trial
B) Possibility of mens rea
C) A possible insanity defence
D) Possible civil commitment

Question 67

What is the purpose of the FIT-R?

A) To give a subjective clinical judgement on fitness to stand trial
B) To give a revised format for the Farmer Insanity Test
C) To objectively assess the judge's capability to determine fitness to trial
D) To objectively assess fitness to stand trial

Question 68

According to the provisions of Bill C-30, the maximum period of fitness assessment is set at:

A) 60 days
B) 90 days
C) 120 days
D) 150 days

Question 69

Louis Riel was executed for his role in the 1885 North-West rebellion despite the following psychiatric evidence that he was either insane at the time or was unfit to stand trial:

A) Testimony that substance use affected Riel's judgment
B) Testimony that Riel had post-traumatic stress symptoms from repressed childhood abuse
C) Testimony that Riel had spent time in psychiatric institutions
D) Testimony that he could tell the difference between right and wrong but doubted himself

Question 70

Neuroscience has been used to help reduce people's prison sentences, as:

A) Neurologists give good testimony about the way the brain does or does not control impulses
B) Providing jurors with visual evidence (i.e., brain scans) helps them understand that there is an underlying problem with the person's brain
C) Most jurors do not understand science, but due to social desirability agree with the evidence presented
D) Neuroscience does not help reduce people's sentences - it is inadmissible in court

Question 71

What is the purpose of Community Treatment Orders in Canada?

A) To reduce overcrowding in prisons
B) To ensure treatment compliance
C) To prevent involvement in the criminal justice system
D) To provide greater treatment resources in the community and reduce the amount of in-hospital treatment given

Question 72

Which province differs from the rest of Canada in that even if the rest of the criteria for Involuntary Admission by Jurisdiction are satisfied, individuals are not committed if they are capable of making a treatment decision?

A) Ontario
B) British Columbia
C) Quebec
D) Saskatchewan

Question 73

According to an article by Viljoen and colleagues (2003), only medical practitioners (not psychologists) are qualified to provide court-ordered assessments:

A) Under the Youth Criminal Act
B) Under the dangerous offender legislation
C) Of fitness and criminal responsibility
D) Of intellectual functions related to legal determinations

Question 74

The Fitness Interview Test that was developed in Canada assesses all of the following EXCEPT:

A) Whether the person understands the nature and purpose of the legal proceedings
B) Whether the person is mentally ill and thus not fit to stand trial
C) Whether the person understands the possible or likely consequences of the proceedings
D) Whether the person is capable of communicating with his or her lawyer

Question 75

What is the distinction between insanity and competency or fitness to stand trial?

A) Insanity is more serious than incompetency.
B) Competency, but not insanity, concerns persons accused of a crime.
C) Someone found competent to stand trial cannot also be found insane.
D) Insanity and competency concern different points in time during which the person's mental state is being questioned.

Question 76

In order for a Community Treatment Order to be invoked, several criteria must be met. Which of the following is not one of these criteria?

A) The individual has never before been in a treatment program.
B) The individual risks harm to themselves or others.
C) The individual is incapable of making an informed decision on their own.
D) The individual has been in an inpatient facility at least three times.

Question 77

What is the Riel phenomenon?

A) Clients' resistance to the insanity defence
B) Claiming insanity when there is clear evidence to the contrary
C) Misidentification of the self
D) Being wrongly executed

Question 78

Which of the following are among the dimensions on which provinces differ with respect to their criteria for involuntary admission?

A) Criterion for harm, definitions of mental disorder, need for treatment
B) Criterion for social support, definitions of mental disorder, need for treatment
C) Criterion for harm, degree of comorbidity, need for treatment
D) Criterion for harm, definitions of mental disorder, treatment availability

Question 79

A comparison of people found NGRI to people found NCRMD revealed that there was a ____________ in the number of cases following the enactment of Bill C-30.

A) Substantial decrease
B) Marginal increase
C) Substantial increase
D) Marginal decrease

Question 80

What condition could lawyers have argued that Louis Riel had suffered from when he led the Northwest Rebellion?

A) Megalomania
B) Schizophrenia
C) Bipolar disorder
D) Psychopathy