Final

Question 1

Criteria for involuntary hospitalization (commitment) - AZ

Answer 1

• Dangerousness to self
• Dangerousness to others
• Persistently or acutely disabled
• Gravely disabled
• Danger posed must be imminent
• Not due to alchohol/drug abuse only; must be due to psychiatric disorder

Question 2

Process of involuntary commitment (hospitalization)

Answer 2

-72 hr. emergency hospitalization for observation & evaluation (COE = court ordered evaluation)
-Patient evaluated by 2 independent psychiatrists
-Public hearing before judge
*patient has a right to legal representation, to call & question witnesses & to appeal
ruling
*clear and convincing evidence” (that person requires treatment)

Question 3

3 possible outcomes of involuntary commitment

Answer 3

1. Released
2. Offered treatment; change to voluntary status
3. Petitioned to receive court ordered treatment *COT)

Question 4

Civil commitment

Answer 4

Involuntary hospitalization

Question 5

What rights does a person who is civilly committed have?

Answer 5

• Patients retain some civil rights when involuntarily committed
• Right to treatment (ie. not warehoused, humane environment, sufficient qualified staff, individualized treatment plans, minimize restrictions
• Right to least restrictive environment (e.g. outpatient, inpatient, combination of in/out patient)
• Treatment must be time limited (90, 180, or 365 days) - must petition for additional time
• Right to refuse treatment (informed consent required; waived if patient is DTS (danger to self), DTO (danger to others), psychotic, ect

Question 6

Mens rea

Answer 6

Able to form intent (in order to commit, you must have mens rea)

Question 7

Incompetence to stand trial

Answer 7

Individual who doesn’t understand what is happening to them in a court room & who cannot participate in their own defense.

Question 8

3 possible outcomes after evaluation for competency to stand trial

Answer 8

1. Competent to stand trial
2. Incompetent & restorable
3. Incompetent & not restorable

Question 9

If competent to stand trial then…

Answer 9

Trial continues

Question 10

If incompetent and restorable then…

Answer 10

Patient sent to Correctional Health Services Restoration & Competency program for treatment

Question 11

If incompetent and not restorable then…

Answer 11

Charges dropped. However, person may meet criteria for civil committment (24-48 hrs to file)

Question 12

M’Naghton Rule (1843)

Answer 12

@ the time of the crime, individual was affected by a disease of the mind that he/she did no know the nature of the act s/he was committing or did now know it was wrong

Question 13

Irresistible Impulse Rule (1934)

Answer 13

At the time of crime, individual was driven by an Irresistible Impulse to perform the act or had a diminished capacity to resist performing the act

Question 14

Durham Rule (1954)

Answer 14

The crime was a product of mental disease or defect

Question 15

American Legal Institute (ALI) Rule (1962)

Answer 15

@ the time of crime, as a result of mental disease or mental retardation, the person lacked substantial capacity to either:

1. Appreciate the wrongfulness of the act
2. Conform his/her conduct to law

Question 16

Insanity Defense Reform Act (1984)

Answer 16

@ the time of the crime, as a result of mental disease or mental retardation, ther person was unable to appreciat the worngfulness of his/her conduct (used by Fed. Gov’t & many states)

Also, burden of proof rests on defense