Chapter 19: Mental Health, Social Policy, and the Law
After reading and studying this chapter, you should be able to: - Discuss the limitations of psychological research to inform legal decisions.
- Discuss how competency to stand trial is determined.
- Discuss the characteristics of people most likely to be referred for competency evaluations, and the characteristics of people most likely to be found incompetent to stand trial.
- Discuss the frequency with which the insanity defense is used, and the typical judgments that result when it is used.
- Summarize how insanity pleas are evaluated according to the M’Naghten Rule, irresistible impulse rule, Durham Rule, ALI Rule, and the American Psychiatric Association’s definition of insanity.
- Discuss the pros and cons of each rule above and describe how each rule either broadened or constricted the legal definition of insanity.
- Discuss the significance of Barrett vs. United States (1977).
- Discuss the use of the verdict guilty but mentally ill (GBMI).
- Discuss the need for treatment as a justification for civil commitment.
- Discuss the modern criteria used to enable civil commitment, and the variations in how states treat the legal issue of civil commitment.
- Discuss the significance of Donaldson vs. O’Connor (1975).
- Discuss the problems with predictions of dangerousness to others, and the factors that predict violence over the short term.
- Describe the prevalence of violence among mentally ill people.
- Discuss the rights of patients to treatment and to refuse treatment.
- Discuss the circumstances in which patients’ rights can be violated.
- Identify and describe the clinician’s duties to the client and society.
- Discuss when confidentiality may be broken, and when it may not be broken.
- Summarize the recent trends in family law and child custody law.
- Identify the guidelines that clinicians should follow when conducting independent assessments in child custody disputes.
- Discuss the roles that psychologists assume in child maltreatment cases, and the pros and cons of having psychologists involved in these matters.
- Identify and describe the controversy in the repressed/recovered/false memory debate, the viewpoints held, and the evidence that supports or weakens each viewpoint.
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