Forensic and ethics Flashcards

(37 cards)

1
Q

4 basic elements of insanity defense

A

pres of mental d/o
pres of defect of reason
doe snit understand the nature of the act
incapacity to refrain from the act

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2
Q

T or F

youth suicide in detention and correction are 4x> than youth suicide i gen pop

A

TRUE

25% of incarcertaed boy have PTSD, 50% for girls

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3
Q

Juvenile detention center vs juvenile correctional

A

detention center - short term- while awaiting trial

correction- long term- convicted

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4
Q

convivcted if :

A

means rea- guilty mind

actus rea- gulity act

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5
Q

This is filed if px has been imprisoned without due process of Law

A

Habeas corpus

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6
Q

some criminal acts are commited involuntarily

A

Automastism

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7
Q

right to maintain secrecy in face of subpoena

A

Testimonial privelege

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8
Q

state will serve as a surrogate if the px cannot take care of themselves

A

Parens patriae

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9
Q

let the master answer for the deed of the servant

A

Respondeat superior

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10
Q

psychotherapoist duty to warn a third party if he believes that the px posts a serious risk

A

Tarasoff duty

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11
Q

Diff bet incompetence vs Incapacity

A

Incompetenece- judication/ decision from the court

Incapacity- func inability, determined by the clinician

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12
Q

wrongdoing

A

tort

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13
Q

writtent court order

A

writ

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14
Q

writ requiring a person to appera before the court

A

subpoena

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15
Q

formal decision from court

A

judgement

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16
Q

unlawful striking with intention to harm

17
Q

statement made relating to its fact when it is not so

A

misrepresentation

18
Q

restraining another person without having legal right to do so

A

false imprisonement

19
Q

advance selection of a substitute decision maker

A

Durable power of attroney

20
Q

test of competence, if the defendant can rationally consult a lawyer, factual understanding of the proceedings

21
Q

involuntary patient who is nit receing any treatment has a constitutional right to receive adeq treatment

A

Rouse vs CAmeron

22
Q

consiututional right to receive adeq treatment

A

wyatt vs stickney

23
Q

disclosure of confidential material

A

subpoena duces tectum

24
Q

applies to minors, <18y/o

A

Gault decision

25
inclusion for seclusion/ restraint
``` px volunteers imminent harm to others disruption in the treatment plan assist in the ongoing behavioral therapy dec sensory stimulation ```
26
contraindications for restraint
sig medical conditiona/ unstable dementia/ delirium overtly suicidal pxs pxs with severe drug reactions/ overdoses that requires close monitoring for punishment / convenience of the staff
27
what is M. Nagnathen rule?
right- wrong test irresistible impulse the perpetrator is not guilty by reason of insanity if she is unable to distinguish right - wrong bec of mental dse
28
what is Durham vs US | Durham rule
accused is not criminally responsible if his or her unlawful act was the prod of mental dse result is product rule of criminal responsibility
29
harmless mental patients cannot be confined against their will w/o treatment if they can survive outside
O conner vs Donaldson
30
all force confinements becuase of mental illness are unjust , Thomas szasz
The Myth Of mental illness
31
What is double agentry ?
responsibility both to the patient and the agent that hired the psychiatrist
32
Involves direct rekationship between the doctor and the patient ( type of violation)
boundary violation
33
right of the competent person to refuse unwanted medical treatment
Cruzan vs Mission Board | - applies on concious/ unconscious px as long as their wishes were made clearly
34
Diff of Tarasoff I vs II
I- duty of therapist to infrom if there is INTENDED homicide expressed by the px II- duty to protect
35
Primum non cere
first, do no harm Principle of Non maleficence Beneficience Autonomy Justice
36
Diff ethical conflict vs Dilemma
Conflict- what you wnat to do vs what is ethically right Dilemma- bet two ethically legal/ acceptable alternatives
37
End justify the means- beileves in the process, certain behaviors are obligatory regardless of the outcome - Veil of ignorance, place yourself on position of both parties - Common good takes precedent over individual rights-
End justify the means- utilitarian beileves in the process, certain behaviors are obligatory regardless of the outcome - E. Kant Veil of ignorance, place yourself on position of both parties - John Rawls Common good takes precedent over individual rights- Communitarian