CH 1&2 Flashcards

1
Q

Define “criminal law”

A

Defines and prohibits behaviors or acts that the government believes is dangerous to the general welfare or safety of others; includes the punishments

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3
Q

Define dual-role relationships

A

Situation in which professionals fill more than one role at a time and should avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgement

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4
Q

What are the three (3) systems of laws…

A
  1. Civil
  2. Criminal
  3. Administrative
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5
Q

Define confidentiality

A

Rule of duty requiring one entrusted with private or secret matters to reframe from divulging them

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7
Q

T/F - All three systems have the same laws…

A

FALSE

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8
Q

Define “administrative law”

A

Governs the activities of the administrative agencies of government.

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9
Q

What are three examples of family civil legal problems?

A

Adoption

Child support

Custody/visitation

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10
Q

What are three examples of employment civil legal problems?

A

Paid less than minimum wage

Unsafe working conditions

Sexual harassment

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12
Q

What is the ‘Justice Gap’?

A

The gap between the need and a citizens income.

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15
Q

What are three examples of arrest criminal legal problems?

A

Competence to stand trial

Employment problems

Pleading guilty due to fear of more penalty

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16
Q

What are disparities?

A

The poor and uneducated and are treated poorly due to who they are and how they look

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17
Q

T/F - Disparities exists at every decision-making point of the criminal justice process…

A

TRUE

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18
Q

What are five (5) reasons clients do no always access and view the legal system as helpful..

A

1) lack of knowledge and about rights
2) lack of access of representatives
3) low literacy
4) physical or mental disability
5) sense of stigma

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19
Q

What are five (5) examples of meeting the legal needs of low-income clients…

A

1) increase funding
2) increase pro bono services
3) HSP are basically a legal knowledge broker
4) provide legal training and support to non-lawyer professionals
5) legal services teaming up with human service agencies

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20
Q

Define ethics

A

Deals with the rightness or wrongness of human actions

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21
Q

Define code of ethics

A

Collection of aspirations regulations and guidelines that represent the values of a group or profession to which it applies

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22
Q

Define morality

A

A concern with ethical beliefs, theories of obligation, and the social elements that lead to the ethical decisions

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23
Q

What does ‘LSC’ stand for?

A

Legal Services Corporation

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24
Q

What are three examples of housing civil legal problems?

A

Failure to provide heat, hot water, etc.

Rats, cockroaches, etc.

Poor security (broken locks)

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25
Q

What are five (5) core values of the social work profession?

A
  1. Service
  2. Social justice
  3. Dignity and worth
  4. Importance of relationships
  5. Integrity
  6. Competence
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27
Q

Personal ethics might also be called…

A

Morality - since they reflect general expectation of any person

28
Q

Know five (5) examples of principles of ethics

A
  1. Concern for the well-being of others
  2. Respect for others
  3. Trustworthiness and honesty
  4. Preventing harm
  5. Basic justice; being fair
30
Q

What are five (5) examples of professional ethics

A
  1. Honesty
  2. Integrity
  3. Transparency
  4. Accountability
  5. Confidentiality
31
Q

Define malpractice

A

Professional negligence or misconduct; failure to exercise a degree of care

33
Q

What are the three (3) legal remedies of malpractice?

A
  1. ) civil lawsuit- potential monetary damages
  2. ) criminal complaints- potential criminal sanctions such as jail
  3. ) licensing board complaints- potential loss of license to proactive for varying periods of time
34
Q

What are five (5) examples of more serious offenses?

A
  1. Dual relationships (sexual, non sexual)
  2. Working without at license
  3. Overcharging clients in billing
  4. Abandoning client
  5. Forged client signature
35
Q

Define duty to warn

A

Obligation to use reasonable care to protect intended victims

36
Q

What are five (5) examples of possible bases of malpractice suits?

A
  1. Failure to prevent or causing of a client suicide
  2. Treating without consent
  3. Breach of confidentiality
  4. Failure to report suspected child abuse or neglect
  5. Incorrect diagnosis and incorrect treatment
37
Q

Define values

A

Preferences that serve as guides or criteria for selecting good or desirable behaviors

38
Q

Define religious ethics

A

Ethics based upon a religion or belief

39
Q

What is the 6th amendment of the constitution?

A

The right of:

  • a fair trial
  • a defenders right to counsel
  • federal criminal defendants to counsel
40
Q

Define least harm principle

A

When harm will come to someone in the situation it is the option that results in the least harm

41
Q

Define competence

A

Ability to get informed consent to some or all decisions

42
Q

Define client bill of rights

A

A statement distributed to all client/patients informing them the information they are entitled to know about their situation, treatment, expectations and participation in decision making

43
Q

Religious ethical approach

A
  • Presuppose a belief in the existence of God
  • declare that there are eternal rules that give direction for correct behaviors at all times
  • “if there is no God, everything is permissible”
44
Q

Ethics of caring approach

A
  • take on the other persons problems and burdens as his own even when this may involve acting against ones own desires and interests
  • suggest that people are by their very nature bound up relationships with others and that tensions and conflicts in those relations are at the heart of all moral dilemmas
45
Q

Feminist ethical approach

A
  • Women-centered and focus primarily on women’s moral experience
  • they emphasize the oppressive contexts within which women live and work
46
Q

What are three standards towards clients

A
  1. Respecting your clients privacy
  2. Respect your clients refusal
  3. Treat clients with dignity
47
Q

What are three standards for community and society?

A
  1. Familiarize local laws
  2. Knowledgeable of different cultures
  3. Present client accuracy
48
Q

What are three standards for colleagues?

A
  1. Don’t duplicate services
  2. All meetings are private
  3. If there is a conflict, colleagues seek each other out first to solve the conflict
49
Q

Define competing values

A

Two or more values that cannot be honored at the same time

50
Q

What are three standards for employers?

A
  1. Adhere to their commitments
  2. Establish and maintain employment conditions
  3. Advise both of the conflict and work conjointly with all involved to manage conflict
51
Q

What are three standards for yourself?

A
  1. Being genuine to yourself
  2. Self-awareness and self growth
  3. Lifelong learning and continue knowledge
52
Q

Define ethical rule screen (ERS)

A

Used as a step in ethical decision making by consulting the code of ethics for guidance

53
Q

Define “civil law”

A

Impacts the private rights and interests of citizens and what solution a client may have when they are concerned about their rights.

57
Q

Public defender

A

Also known as a publicly funded attorney

Represent 80% of low-income defendants

60
Q

Define conflicts of interest

A

Situation in which a social worker in a position of trust that requires exceeding judgment on behalf of clients, agencies or others

64
Q

Define direct liability

A

Supervisors may be charged with ethical breaches or neglect when harm is caused by the supervisors acts of omissions or commissions

68
Q

What was the innocent project?

A

Individuals who have been released from serving time or even in death row due to being wrongly convicted and exonerated

73
Q

What does the LSC do?

A

Collects data from states to determine the legal needs of low-income individuals and the level of legal assistance available.

80
Q

What are three examples of prearrest criminal legal problems?

A

Profiling

Illegal search and seizure

Harassment/ police brutality

82
Q

What are three examples of sentencing criminal legal problems?

A

Immigration/Deportation

Mitigation assessment

Arrangement for care of children