Legal & Ethical Issues in Psychopathology. Current Legal/Ethical Issues Legal Issues: Civil Commitment Criminal Commitment Duty to Warn Ethical Issues

  • View
    214

  • Download
    1

Embed Size (px)

Text of Legal & Ethical Issues in Psychopathology. Current Legal/Ethical Issues Legal Issues: Civil...

  • Slide 1
  • Legal & Ethical Issues in Psychopathology
  • Slide 2
  • Current Legal/Ethical Issues Legal Issues: Civil Commitment Criminal Commitment Duty to Warn Ethical Issues (in Treatment): Confidentiality Competence Dual Relationships
  • Slide 3
  • Legal Issues
  • Slide 4
  • Rights of patients vs. rights of public Few laws govern therapy Required to be competent To have a license Can use collection agencies if clients fail to pay Several unique legal issues with therapy Complex questions Burden therapist, state, others
  • Slide 5
  • Civil Commitment Most hospitalizations are voluntary Voluntary is in best interest b/c can check out In some cases, patients are involuntarily hospitalized 1. Danger to oneself (suicidality) 2. Danger to others (homocidality) Majority of commitments are male schizophrenics
  • Slide 6
  • Civil Commitment Judge hears case & decides Hearing is requested by police, mental health provider Civil commitment must legally be lifted when patient is no longer dangerous Requirements protect patients - historically, anyone could have someone committed But, goals are re: danger, not helping
  • Slide 7
  • The Right to Treatment Established 1972 by Wyatt v. Stickney Rationale for commitment = treatment Thus, if hospital is unwilling or unable to provide, patient can petition for commitment overruled Why suspend a patients rights unless there is a benefit? First attempt to have minimum criteria for mental health treatment
  • Slide 8
  • The Right to Treatment Staffing levels, # of bathrooms, size of facility, variables that impact quality of life Rulings required states to provide facilities that met minimal requirements State provides most treatment for the severely and chronically mentally ill
  • Slide 9
  • The Insanity Defense Based up on premise that people cannot be held responsible for crimes if they were unaware of the nature of their actions or were unable to control their actions We have free will to commit or not commit crime Legal insanity is a very narrow definition Psychological insanity: products of antecedents (a disorder is not something we choose)
  • Slide 10
  • Insanity Defense Reform Act (1984) Made it more difficult to prove insanity Unable to appreciate wrongfulness as result of severe mental illness Defense now has burden of proof Previously, prosecution had to prove sanity Reduced advantages of pleading insanity Fixed minimum periods of incarceration Eliminated automatic release following reduction of danger
  • Slide 11
  • Guilty But Mentally Ill Individual will be incarcerated, but acknowledges presence of mental illness Suggests that treatment is needed during incarceration
  • Slide 12
  • Public Opinions of Insanity Pleas 90% of the public believes that: The insanity defense is used too much Lots of guilty people get to go free Public estimates of how many felony cases involve insanity pleas: 33% Actual number: