Question

Abnormal Psychology: Forensic Psychology & Other Legal Issues in Mental Health

Answer 1

Note: This is a reference for educational/studying purposes, not a question, ***** please save all comments or questions for the end. *****

If you want to make your own tutorial that's fine but please don't copy-paste my intro and ending messages, that's really rude.

Answer 2

\({\bf{Terminology:}}\)
- forensic psychology: intersection of psychological practice and the legal system
- psychology in law: use of clinicians and research to help assess the mental stability of those accused of a crime
- law in psychology: using the legal system to settle legal aspects of mental health care
- insanity: a legal (not a psychological) term to describe a mentally ill defendant who did not know right from wrong or could not control their actions or impulses

\({\bf{The~Criminal~Justice~System:}}\)
- clinicians help determine whether defendant is responsible for the crime and capable of defending themselves
- criminal commitment: process by which people accused of a crime are sent to a mental health facility to address mental instability
- mental incompetence: state in which a defendant is unable to understand the charges being faced and prepare an adequate defense

\({\bf{Determining~Insanity:}}\)
- M'Naghten test: defendant is considered insane if they did not know right from wrong at the time of their crime
- irresistible impulse test: defendant is considered insane if they were driven by an uncontrollable fit of passion
- Durham test: a defendant is considered insane if their actions were the result of a mental disorder [this test has been largely phased out]
- American Law Institute Test: a defendant is considered insane if they have a mental disorder, and because of it, they could not distinguish right from wrong or resist an impulse to act

\({\bf{Verdicts:}}\)
- not guilty by reason of insanity (NGRI): the defendant is declared to be insane at the time of the crime
- mentally unstable at the time of trial: the defendant is deemed unfit to stand trial and must be treated until they are able to stand trial
- guilty but mentally ill: the defendant has a mental illness but it is not related to the crime; defendant given treatment in addition to their sentence
- guilty with diminished capacity: the defendant has a mental illness that must be taken into consideration, may be used to convict a criminal of a lesser crime

Answer 3

\({\bf{Criticisms~of~the~Insanity~Defense:}}\)
- the legal and psychological fields do not always agree on a defendant's responsibility for their own behavior
- jury/judge/etc. may not have the knowledge to assess whether a clinician's assessment of a defendant is trustworthy or not
- a defendant's mental state may change greatly between the time of the crime and the time of their psychological assessment
- *** may allow criminals to escape

> the insanity defense is not used as often as people think (only <1% of defendants plead guilty by insanity and only ~26% of them are found not guilty by this defense)

\({\bf{Criminal~Commitment~and~Incompetency:}}\)
Incompetency:
- incompetency is usually brought up by the defense
- judge must issue inpatient psychological evaluation
- out of those assessed, about 20% are actually found incompetent to stand trial

Commitment:
- leading cause of commitment comes from an inmate causing psychological problems for prison officials
- a defendant may spend years in a facility with no opportunity to disprove accusations, sometimes serving longer time in a facility than their actual prison sentence

Answer 4

\({\bf{Legislation~of~Mental~Healthcare:}}\)
- civil commitment: process by which a person can be forced into treatment, usu. in a mental institution
- emergency commitment: used when a person is in immediate threat to themselves or one another, usu. given immediate treatment and 24/7 supervision. used to require 2 physicians to certify
- reasons for commitment: person is dangerous to themselves/to others or otherwise deemed "in need" of treatment
- usu. initiated by family
- criteria for involuntary commitment differ from state to state

\({\bf{Criticisms~of~Commitment:}}\)
- most people with mental disorders are not violent
- clinicians may not be able to predict esp. in the long term, if patients are dangerous
- those committed involuntarily don't respond as well to treatment as those who voluntarily seek treatment
- certain beliefs or attitudes that are contrary to the norm may be labelled as dangerous despite not posing an actual, immediate threat to society

\({\bf{Patient's~Rights:}}\)

Important cases:
> Robinson vs California: SC rules against imprisoning those addicted to drugs, favors involuntary civil commitment
> Wyatt vs. Stickney: SC rules that state is obligated to provide treatment for those committed involuntarily
> O'Connor v. Donaldson: SC rules in favor of better standards for mental institutions such as: requiring the institute to review their patients' cases periodically, forbidding states from institutionalizing non-dangerous, autonomous individuals

Patient's Rights:
- right to treatment
- right to refuse treatment, esp. biologically invasive treatments or drugs
- must be paid minimum wage if they work
- must have access to aftercare and appropriate community residence when released
- must be housed in the least restrictive facility appropriate for their condition

- protection and advocacy systems: mentally ill patients have advocates on their behalf to investigate possible abuse situations

Answer 5

\({\bf{Other~Legal~Issues~In~Mental~Healthcare:}}\)
- malpractice suits: ex. a therapist handling a dangerous situation in the wrong way, overstepping boundaries with their patients, not obtaining informed consent, etc.
- the issue of whether psychologists should be allowed to prescribe certain medications, a right that is usually only given to psychiatrists, ex. Department of Defense has been starting a training program for psychologists to prescribe certain medications

\({\bf{Psychological~Issues~In~the~Legal~System:}}\)
- whether eyewitness testimony is accurate (75% of false convictions were at least partly due to false testimony)
- creating psychological profiles for criminals through the study of criminal behaviors and their patterns

\({\bf{Ethical~Guidelines~for~Mental~Health~Practitioners:}}\)
1. psychologists are permitted to offer advice outside of their clinical setting (ex. in books, tv shows, radio talks, etc.) but it must be based on appropriate psychological practice
2. psychologists may not conduct fraudulent research, plagiarize, or publish false data (duh)
3. psychologists must acknowledge their limitations and seek assistance from other professionals if necessary
4. psychologists in legal cases bust base their assessment on sufficient information and substantiate their findings appropriately (duh)
5. psychologists may not abuse or otherwise take advantage of their clients (about 4-5% of therapists engage in sexual misconduct with their patients)
6. psychologists must keep their clients/patient's information confidential
> duty to protect: a therapist must break confidentiality to protect those who are or may become victims of their client's behavior

Answer 6

Anyway that's the end, I hope this is a useful resource. I am not an expert by any means but I will attempt to answer questions to the best of my ability.