2. 2 Chapter 18 Legal and Ethical Issues in Abnormal Psychology
3. 3 Chapter Main Points Psychological Disturbances and Criminal Law Civil Commitment Patients’ Rights Ethics and the Mental Health Profession
4. 4 Psychological Disturbance and Criminal Law The Insanity Defense: Defendant admits to having committed the crime Pleads not guilty due to mental disturbance Claims he or she was not morally responsible at the time of the crime
5. 5 Psychological Disturbance and Criminal Law The Insanity Defense: Questions the Defendant’s Mental State at the Time of the Offense (MSO) Legal Tests of Insanity M’Naghten, Others A new verdict: guilty but mentally ill (GBMI) Procedural aspects of the insanity defense Criticisms of the insanity defense
6. 6 Psychological Disturbance and Criminal Law Competency to Stand Trial (CST): Questions the Defendant’s mental state at the time of the trial Ability to assist legal counsel at the time of the trial
7. 7 Civil Commitment Civil Commitment: Individuals who have been committed involuntarily to a mental hospital because the state decided that they were disturbed enough to require hospitalization Often times found to be a danger to self, to others or the community
8. 8 Civil Commitment Procedures for Civil Commitment: The right to a jury trial The right to the assistance of counsel The right against self-incrimination The standard of proof The “beyond a reasonable doubt” standard
9. 9 Civil Commitment False Positive: An unjustified commitment False Negative: A failure to commit a person when commitment is justified and necessary
10. 10 Civil Commitment Standards for Commitment: The Definition of Dangerousness The Determination of Dangerousness Variability in the legal definition Complexity of the literature Judgement biases Differential consequences to the predictor
11. 11 Civil Commitment The “thank-you” Proposition Expert testimony in civil commitment Making commitment easier The case against civil commitment
12. 12 Patient’s Rights The Right to Receive Treatment: Must provide an individualized treatment program for each patient, skilled staff in sufficient numbers to administer such treatment, and a humane psychological and physical environment The Right to Refuse Treatment: Issues surrounding competency, informed consent or other
13. 13 Patient’s Rights The Right to a Humane Environment: Right to privacy and dignity Opportunity for religious worship Nutritionally adequate diets Within multi-patient sleeping rooms, adequate privacy and furnishings
14. 14 Patient’s Rights The Right to a Humane Environment: Adequate and private bathing and toilet areas Right to wear own clothes and keep personal possessions Similar visitation and telephone rights as patients at other public hospitals
15. 15 Patient’s Rights The Right to a Humane Environment: Unrestricted right to send and receive mail Right to regular physical exercise Opportunity must exist for interaction with members of the opposite sex
16. 16 Ethics and the Mental Health Profession Mental health professionals decide which among countless variations are abnormal The power to commit someone involuntarily (a loss of freedom)
17. 17 Recapping the Main Points Psychological Disturbances and Criminal Law Civil Commitment Patients’ Rights Ethics and the Mental Health Profession
18. 18 End of Chapter 18 Legal and Ethical Issues in Abnormal Psychology