Slide 1

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Mental Health and the Law

Abnormal Psychology

Legalities

Competency to stand trial

Sane at the time the crimes were committed

Insanity Defense

A legal term

One of the most controversial applications of the law

Comparison of Public Perceptions of the

Insanity Defense

Persons "not guilty by reason of insanity" set free

Persons "not guilty by reason of insanity" sent to mental hospitals"

Insantiy pleas resulting in

"not guilty by reason of insanity"

Felony indictments for which an insanity plea is made

Reality

Public Perception

0 20 40

Percentage

60 80 100

Legalities

Insanity Defense Rules

M’Naghten Rule

Did the person know right from wrong?

Irresistible Impulse Rule

“acts of passion”

Rarely used

Durham Rule

“product of mental disease”

Legalities

Insanity Defense Rules, cont.

ALI (American Law Institute) Rule

Requires more than just a mental disorder

APA Definition

Insanity Defense Reform Act 1984

Have to be proven insane at time of crime committed

Guilty but Mentally Ill

Involuntary Commitment

Also known as civil commitment

Criteria

Grave disability

Dangerous to self

Dangerous to others

Clinician’s Duties

Competent and appropriate treatment

Not to become too involved

To protect patient confidentiality

To protect others who might be in danger from their clients

Report suspect abuse

To provide ethical service

Various Legal Issues

Child Custody Disputes

Decisions must be made in the best interest of the child

Child Maltreatment Cases

Recovered Memory Cases

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