chapter 18

Question 1

what does the charter of rights and freedom allow?

Answer 1

for people to be removed from society if act in ways that infringes on the rights of others

Question 2

what’re the rights if mentally ill people covered under?

Answer 2

provisions for the rights of disabled people

Question 3

what is critical commitment?

Answer 3

procedure that may confine person in mental institution

Question 4

what is civil commitment under?

Answer 4

provincial law

Question 5

what is civil commitment?

Answer 5

procedure which mentally ill may not have broken law can be deprived of liberty and incarcerated in psychiatric hospital

Question 6

has much of Canadian law derived from English common law?

Answer 6

yes but Quebec

Question 7

what is criminal law a matter of?

Answer 7

federal statute

Question 8

is criminal law the sam in every province?

Answer 8

yes

Question 9

can health law differ from province to province?

Answer 9

yes because it is provincial

Question 10

when was insane defence successful?

Answer 10

when applied to severely disordered individuals

Question 11

what happened to people hey were found to be insane?

Answer 11

typically detained for long periods of time that exceeded typical sentence for crime

Question 12

when was the M’Naghten rule made?

Answer 12

made aftermath of 1843 murder trial in england

Question 13

what did Daniel M’Naghten do?

Answer 13

tried to kill British prime minister Sir Robert Peel
was instructed by “voice of god”

Question 14

what were the changes with Bill C-30 (1992)?

Answer 14

“not guilt by reason of insanity” altered to “bot primally responsible on account of mental disorder”(NCRMD)

Question 15

what was the NCRMD previously known as?

Answer 15

the insanity defense

Question 16

what does the NCRMD legal argument?

Answer 16

defendant should not be held responsible for an otherwise illegal act if attributable to mental illness that interferes with rationality (not knowing right from wrong)

Question 17

what is Actus reus?

Answer 17

the illegal act

Question 18

what is Mens rea?

Answer 18

the guilty mind

Question 19

what was the criminal commitment in 1997 with Zachary Antidormi stabbed to death by Lucia Piovesan?

Answer 19

lucia has schizophrenia
believed Zachary (2.5 years old) was reincarnated soul of her son who dies of aids
her remains found NCMR and remians I forensic psychiatric hospital in london

Question 20

what is Neurolaw?

Answer 20

introduction of neuroscientific data into legal system

Question 21

what was Neurolaw mainly geared to?

Answer 21

reducing severity of sentences rather then establishing innocence

Question 22

what is the primary argument for neurolaw?

Answer 22

accused suffers from some form of brain dysfunction and related to processing deficits

Question 23

what is fitness to stand trial?

Answer 23

physically and mentally present
it is possible for person to be judged competent to stand trial and yet NCTMD

Question 24

person can be committed to a psychiatric hospital against their will if a judgment made that person is:

Answer 24

1. mentally ill and
2. danger to self or
3. a danger to others

Question 25

what are the 2 categories for commitment?

Answer 25

formal commitment informal commitment

Question 26

what is formal commitment?

Answer 26

by order of a court person has right to object covered by provincial legislation, permits an ex party hearing permits a justice of people to have individual held against their will for period of time for purpose of assessment only

Question 27

what is informal commitment?

Answer 27

emergency commitment of mentally ill persons can be accomplished without involving courts civil commitment affects far more people than criminal commitment

Question 28

what is community treatment orders?

Answer 28

stipulates individual will be released into community onlybif they adheres to recommended treatments

Question 29

why is community treatment controversial?

Answer 29

condition of release essentially forces people to be treated regardless of their wishes

Question 30

when was mandatory out patient treatment in form of community treatment orders called for?

Answer 30

when people suffer form persistent defects in insight

Question 31

can the provinces differ in the specific community treatment orders details?

Answer 31

yes

Question 32

what's the widespread societal perceptions that mentally ill people have?

Answer 32

account for significant proportion of violence that besets contemporary society

Question 33

what is the relative contribution of mental illness to the overall rate of violence in society?

Answer 33

quite small

Question 34

what is the percent of violence in the US linked clearly to mental illness?

Answer 34

about 3%

Question 35

what is the percent of people diagnosed as psychotic are not violent?

Answer 35

90%

Question 36

what do large community based studies indicate about mental illness and violence?

Answer 36

mental disorders do increase violence risk when they co occur With substance abuse

Question 37

what is a prediction of dangerousness?

Answer 37

central to civil commitment contemporary approaches focused on on assessment of risk rather then prediction of dangerousness

Question 38

is dangerousness easily predicted?

Answer 38

professionals overestimate the incidence of violence when institutionalized were released mental health professionals poor at making judgment through clinical means alone

Question 39

what is the purpose of VRAG?

Answer 39

actuarial assessment of risk; using statistical models to predict likelihood of violence

Question 40

what does VRAG involve?

Answer 40

use of statistical formulae composed of factors that significant predictors of dangerousness

Question 41

how are the factors of VRAG weighed?

Answer 41

statistically by their importance, based on outcomes of previous studies

Question 42

what is the Hare psychopathy checklist revised and psychopathy?

Answer 42

predicts recidivism violence and response to therapy 20 team scale, max score = 40 review and obtain info from others who know person 10-15% almost psychopathic surface charm lack empathy, grandiose

Question 43

what is the incidence in general population with Hare psychopathy checklist?

Answer 43

1% 15-20% of those in prison meet criteria for psychopathy

Question 44

is there an absence of fear about social and physical situations that would frighten most people?

Answer 44

yes

Question 45

what is structured clinical judgment?

Answer 45

structured forms of clinical judgments instead of unstructured clinical judgements

Question 46

what is a more structured assessment device developed in Canada?

Answer 46

HCR-20

Question 47

what dies HCR refers to?

Answer 47

historical variables. clinical variables and risk variables

Question 48

what was the cause of winko vs British Columbia?

Answer 48

unless the provincial review board can find affirmatively and prove that the accused poses a significant threat to public safety, he or she must be discharged absolutely.

Question 49

does the right to refuse treatment varies from province to province?

Answer 49

yes

Question 50

what is deinstitutionalization, civil liberties and mental health?

Answer 50

mentally ill, including substance abuse issue are becoming incarcerated

Question 51

when discharged from mental hospitals what are they eligible for?

Answer 51

social benefits

Question 52

does a large number not receive social benefits?

Answer 52

yes

Question 53

what is an example of those who don't receive social benefits?

Answer 53

the homeless due to not having an address and need help establishing eligibility and residency for purpose of receiving benefits

Question 54

what is the need for ethical protection of research participants?

Answer 54

were brutal experiments done by German physician on concentration camp prisoners malnutrition common in residential schools and not treating kids with health issues Tuskegee Alabama study involved 300 m3n deliberately not treated for syphilis

Question 55

what are the sides of ethics for conducting research?

Answer 55

Nureberg code declaration of Helsinki medical research council of Canada tri-council policy statement

Question 56

what are the tree core principles of the tri-council statement?

Answer 56

1. respect for persons 2. concern for welfare 3. justice

Question 57

what are the potential threats to current ethical standards?

Answer 57

1. increase in research by for profit organizations 2. internationalization of research

Question 58

what is the increase in research by for profit organization?

Answer 58

some companies push for research would not be approved by human subjects committees in non profit organizations like universities

Question 59

what is internationalization of research?

Answer 59

developing countries paeticularly eager for partnership in research, not always have same historical commitment to individuals informed consent and safety that is prevalent in more industrialized and democratic countries

Question 60

what are the ethics in therapy and research?

Answer 60

informed consent ability to end participation at any time confidentiality

Question 61

what is privileged communication?

Answer 61

communication btwn parties in confidential relationship that is protected by Law in Canada husband and wife lawyer-client with some exception

Question 62

what are the limits to a client's right of privileged communication?

Answer 62

child abuse, id not over age of 18 when info is disclosed another mental health professional or medical doctor has engaged in sexual activities with patient duty to warn and protect potential and current victims