FORENSICS FINAL Flashcards
(319 cards)
1
Q
Legal citations are in the following order:
A
Volume number, name of periodical, page number
2
Q
What are examples of affirmative defenses?
A
Insanity, Duress, Entrapment
3
Q
Standard of proof in civil trials?
A
Preponderance of the evidence
4
Q
Standard of proof in civil commitment hearings?
A
Clear and convincing
5
Q
Standard of proof in termination of parental rights?
A
Clear and convincing
6
Q
Standard of proof in criminal trials?
A
Beyond a reasonable doubt
7
Q
What amendment guarantees a right to assitance of counsel?
A
6th Amendment
8
Q
What amendment guarantees equal protection?
A
14th Amendment
9
Q
What amendment was cited in Ford v. Wainwright?
A
8th Amendment
10
Q
Which type of dismissal by a court is for insufficient cause for action?
A
Demurrer
11
Q
In law, which word applies to general-intent crimes but not to speicif-intent crimes?
A
Recklessly
12
Q
General acceptance test
A
Frye test
13
Q
The issue before the Supreme Court in this case was the permissibility of criminal sanctions for status crimes under the 14th amendment due process clause
A
Robinson v. California
14
Q
The issue before the Court in this case was whether the 14th amendment prohibited states from criminalizing public intoxication as either a “status” or as a behavior that was a non-volitional result of a disease
A
Powell v. Texas
15
Q
In this case, the Court rejected a constitutional doctrine of criminal responsibility
A
Powell v. Texas
16
Q
In Powell v. Texas, the U.S. Supreme Court declined to define a constitutional test of what?
A
Insanity
17
Q
In this case, it was opined that an alcoholic’s urge to drink is “not completely overpowering.”
A
Powell v. Texas
18
Q
A guilty plea that represents a voluntary and intelligent choice among the alternatives available to the defendant, especially one represented by competent counsel, is NOT compelled within the meaning of the 5th amendment because it was entered to avoid the possibility of the death penalty
A
North Carolina v. Alford
19
Q
You are employed by the state mental forensic hospital. You receive a call from the DOC notifying you that they have an inmate with MH needs that cannot be met at their prison and they are transferring him to you. What do you do?
A
Inquire if there has been a VITEK hearing regarding the proposed transfer
20
Q
A person is not responsible for his criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to confirm his conduct to the requirements of the law. Rule?
A
American Law Institute Rule (1955)
21
Q
The accused is not criminally responsible if his unlawful act is the product of mental disease or defect. Case
A
Durham (1954)
22
Q
To establish a defense on the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it that he did not know he was doing what was wrong. Case?
A
M’Naughten (1843)
23
Q
In the M’Naughten case, who established that every man has a presumption of sanity?
A
The law lords
24
Q
The standard for competency to stand trial is not the same as the standard for competency to waive counsel and go to trial pro se (in one’s own behalf). Case?
A
Indiana v. Edwards
25
In Ibn-Tamas v. United States, what did the appellate court hold?
That the trial court erred in precluding the psychologist's testimony because it would not invade the province of the jury - either on the ultimate issue or on a "beyond the ken" (you do not know or understand it) basis
26
The Court ruled that a state must provide an indigent criminal defendant with free psychiatric assistance in preparing an insanity defense if the defendant's sanity at the time of the crime is in question. Case?
Ake v. Oklahoma
27
When the state seeks the death penalty on the ground that the defendant presents a danger to society, an indigent defendant is constitutionally entitled to psychiatric assistance in rebutting the assertion. Case?
Ake v. Oklahoma
28
The holding in Ake v. Oklahoma was based on what amendment?
14th amendment's guarantee of due process
29
This case can be viewed as an extension of the Gideon v. Wainwright ruling
Ake v. Oklahoma
30
The U.S. Supreme Court held that what right had been violated in Foucha v. Lousiana?
14th Amendment due process rights
31
Four USSC Justices wrote that what right had been violated in Foucha v. Lousiana?
14th Amendment equal protection rights
32
Insanity acquittees may not be held unless they are both mentally ill and dangerous. Case?
Foucha v. Lousiana
33
Landmark cases cited in this case include: Jones v. U.S., Zinermon v. Burch, Vitek v. Jones, Youngberg v. Romeo, and Jackson v. Indiana.
Foucha v. Lousiana
34
Charge in Jones v. U.S. was what?
Misdemeanor
35
The Court stated that it had never held that "violence" was a prerequisite for constitutional commitment. Case?
Jones v. U.S.
36
An insanity acquittee is not entitled to release if his period of hospitalization is longer than the period of incarceration if he had been convicted.
Jones v. U.S.
37
The Kansas Sexually Violent Predator Act required the state to annually show that a person would remain a "sexually violent predator" using the beyond a reasonable doubt standard. Case?
Hendricks v. Kansas
38
Total loss of volitional control is not required to justify civil commitment. Case?
Kansas v. Crane
39
In Allen v. Illinois, what amendment was not violated?
5th
40
In Specht v. Patterson, what right was violated?
14th Amendment due process clause
The Supreme Court held that the 14th amendment due process clause was violated by not giving Specht the following 6 protections: the right to be present with counsel, to have notice, to have a hearing, to confront the evidence against him, to cross-examine witnesses, and to offer his own evidence and be heard.
41
Sex Offenders Act constituted a new criminal punishment, therefore requiring due process. Case?
Specht v. Patterson
42
What Amendments were violated in Estelle v. Smith?
5th and 6th Amendment
Dr. Grigson had not warned him that statements he made in the court appointed competency hearing could be used against him at sentencing (violating his 5th amendment rights) nor had his attorney been
informed of the competency evaluation (violating his 6th amendment right to effective assistance of counsel).
43
The use of hypothetical questions on future dangerousness was allowed at the death penalty phase. Case?
Barefoot v. Estelle
44
In this case the issue was if the 8th Amendment erects a per se bar prohibiting a capital sentencing jury from considering victim impact evidence or precluding a prosecutor from arguing such evidence at a capital sentencing hearing.
Payne v. Tennessee
SC reversed itself - violated doctrine of stare decisis.
8th amendment was NOT violated
45
Payne v. Tennessee: the issue was if the 8th Amendment erects a per se bar prohibiting a capital sentencing jury from considering victim impact evidence or precluding a prosecutor from arguing such evidence at a capital sentencing hearing. Outcome?
SC reversed itself - violated doctrine of stare decisis.
8th amendment was NOT violated
46
What is the standard for competency to stand trial in federal court
"unable to understand the nature and consequences of the proceedings against him or to assist in his defense."
Dusky = includes rationality
47
In Jackson v. Indiana, the SC reversed the Indiana SC's argument based on a violation of Jackson's what two rights?
Equal protection rights
| Due process rights
48
The SC held that coercive police activity is a necessary predicate to finding that a confession is not "voluntary" within the meaning of the due process clause of the 14th amendment. Case?
Colorado v. Connelly
49
The SC held that total lack of volitional control was not necessary to commit an individual as a sexual violent predator. Case?
Kansas v. Crane
50
Carrying the burden of persuasion by requiring the defense to show clear and convincing evidence of competency to stand trial violates the substantive component of the due process clause of the constitution. Case?
Cooper v. Oklahoma
51
Carrying the burden of persuasion by requiring the defense to show clear and convincing evidence of competency to stand trial violates the substantive component of the due process clause of the constitution. Case?
Cooper v. Oklahoma
DUE PROCESS - substantive component
52
The Due Process Clause of the Constitution does not require a higher standard for competence to plead guilty or waive the right to counsel than competency to stand trial. Case?
Godinez v. Moran
53
"Due process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed." Case?
Jackson v. Indiana
54
The involuntary transfer of a prisoner while serving a prison sentence to a mental hospital impinges on a liberty interest protected by the Due Process Clause of the 14th Amendment. Case?
Vitek v. Jones
55
Following cases all involve the death penalty except:
```
Payne v Tennessee
Foucha v Louisiana
Estelle v. Smith
Barefoot v. Estelle
State v. Perry
```
Foucha v Louisiana
56
The extension of a prisoner's prison term at the end of his criminal sentence by civil commitment to a psychiatric hospital violates the Equal Protection Clause of the 14th Amendment. Case?
Baxstrom v. Herald
57
Dusky v. US is to Jackson v. Indiana as Durham v. U.S. is to:
Foucha v. Louisiana
Substantive due process - Louisiana violated the
Jackson requirement that the nature of commitment bear
some reasonable relation to the purpose for which the
individual is committed.)
58
The quote, "Even one day in prison would be cruel and unusual punishment for the crime of having a common cold," is from which case?
Robinson v. California
59
A defendant with ID is found IST, not restorable, placed on MH conservatorship - case?
Jackson v. Indiana
60
Which Amendment prohibits the execution of an "insane" person?
8th Amendment
61
The Model Penal Code (also known as the ALI test) combines what two concepts?
M'Naughten and the irresistible impulse concept.
62
M'Naughten can be considered a combo of what?
wild beast test (nature and quality of the act) and the right-wrong test
63
For the crime of homicide, malice aforethought is necessary for conviction of 1st or 2nd degree homicide. This is true for what type of crime?`
Specific intent crimes
64
According to the Supreme Court's decision in Foucha vs. US, an NGRI acquittee has been restored to sanity if he or she...
No longer poses a danger to others due to mental illness
65
The panel in Washington v. Harper consisted of whom?
Psychiatrist, psychologist, and administer
66
Execution of the mentally retarded is unconstitutional. Case?
Atkins v. Virginia
67
Involuntary medication solely to restore competency for execution is cruel and unusual punishment
State v. Perry
68
Involuntary antipsychotic medication may be administered even if it returns a person to competency to be executed
Singleton v. Norris
69
The execution of an offender who was less than 18 at the time of the crime is unconstitutional
Roper v. Simmons
70
Due Process Clause permits the state to treat a prison inmate who has a SMI w antipsychotic drugs against his wll, if he is dangerous to himself or others and the tx is in his medical interest
Washington v. Harper
71
SC held that an inmate's right against self-incrimination had been violated when a psychiatrist conducted a competency to stand trial eval and later used the info in the sentencing hearing
Estelle v Smith
72
Which case dealt with a psychiatrist's ability to predict future dangerousness at capital sentencing hearing based on hypothetical questions
Barefoot v. Estelle
73
In Singleton v. Norris, what did the 8th circuit of appeals hold?
Forced medication of a mentally ill inmate under the harper standard does not violate due process once an execution date is set.
74
The SC of Missouri overturned the death sentence of Simmons in light of what?
"Evolving standards of decency" regarding the execution of juveniles.
75
Mentally Disordered Offenders are civilly committed patients - true or false?
TRUE
76
Definition of "minimal risk" in prisoner research guidelines:
No more psychological or physical discomfort or harm than is encountered in a routine medical exam
77
Test of executive functioning which specifically measures novel problem solving and mental flexibility
Wisconsin Card Sorting Test
78
______, as used in the criminal law, is the appropriate test for "deliberate indifference." Permitting a finding of recklessness only when a person has disregarded a risk of harm of which he was aware is a familiar and workable standard that is consistent with the Cruel and Unusual Punishments Clause as interpreted in this Court's cases.
Subjective recklessness
79
40 year old married plumber who admitted to having had sex w his 14 year old daughter on several occasions
Statistically less likely to reoffend
80
who holds the burden of persuasion for sanity and what is the burden of proof?
Clear and convincing evidence by the defense
81
in Rock v Arkansas what rights were violated?
5th (right to testify on one's own behalf), 6th (right to call witness), and 14th amendment (due process right to offer testmony)
82
The decision is consistent with the 1982 California SC case of People v. Shirley
Rock v. Arkansas
83
Holding in Rock v. Arkansas?
Arkansas' per se rule excluding all hypnotically refreshed testimony infringes impermissibly on a criminal defendant's right to testify on his own behalf. It violates the defendant's Fifth, Sixth, and Fourteenth Amendments.
84
Holding in People v. Shirley?
Excluded hypnotically refreshed testimony per se from witnesses. HOWEVER it explicitly excepted testimony by an accused.
85
Clear and convincing evidence standard? (4)
Civil commitment, termination of parental rights, deportation, denaturalization
86
Criteria are provide for trial judges provided regarding amnesia and effects on defendants
Wilson v. US
87
Discussed Dr. Lenore Walker's research on battered women
Ibn-Tamas v US
88
Daubert standard applies to non-scientific testimony
Kumho Tire Compnay v Carmichael
89
Cannot involuntarily hospitalize an individual "without more"
O'Connor v. Donaldson
90
Discussed reasons why a defendant may prefer not to plead NGRI
Frendak v US
91
Established clear and convincing evidence as minimum standard for involuntary commitment
Addington v Texas
92
States can statutorily ban the consideration of voluntary intoxication in determining mental state at the time of a crime
Montana v Egelhoff
93
SSI or SSDI: Based on needs determination
SSI
94
SSI or SSDI: Administered by the Social Security Administration
Both
95
SSI or SSDI: H/o contributions via FICA
SSDI
96
SSI or SSDI: work-related injury
Neither
97
SSI or SSDI: Minimum income
SSI
98
The SSA specified how many diagnostic categories for children?
12
99
The case of School Board v Arline has had a significant influence on cases involving:
HIV
100
In Bragdon v Abbott, the Supreme Court held that:
Asymptomatic HIV is a disability under the ADA
101
In Bragdon v Abbott, the "life activity" that defined the plaintiff's disability was:
child-bearing (HIV limits reproduction)
102
In essence Olmsted v L.C. addresses:
community placement
103
The SC's holding in Pennsylvania v Yeskey established that:
The ADA apples to prison inmates
104
Which disorder is excluded as a qualifying dx under the ADA?
Gender Identity Disorder
105
In what case was subjective recklessness established as the mens rea for deliberate indifference?
Farmer and Brennan
106
In which case did the USSC state that an inmate's equal protection rights were violated?
Baxstrom v Herald
107
What principle governs the tx of pre-trial detainees regarding medical care?
Due process
108
Which case provided guidelines of planning mental health services in a correctional setting?
Ruiz v Estelle
109
An individual appointed in prison condition cases to oversee court mandated remedial measures
Special master
110
The 8th Amendment prohibits execution of the insane. Case?
Ford v. Wainwright
111
Execution of the mentally retarded is unconstitutional. Case
Atkins v. Virginia
112
In Payne v. Tennessee, the use of victim impact statements does not violate which amendment?
8th
113
In State v. Perry, what court found that involuntary tx w medication to restore competency to be executed represented cruel and unusual punishment?
Louisiana Supreme Court
114
Panetti v. Quarterman cites what prior ruling?
Ford v. Wainwright
115
The USSC did not articulate a clear standard when evaluating competency to be exectuted
Panetti v. Quarterman
116
The Fifth Circuit employed an improperly restrictive test when it considered whose competency to be executed
Panetti v. Quarterman (needs rational understanding of the reason for execution)
117
Which case establishes that a defendant may be incompetent to represent himself and denied the right to self-representation
Indiana v Edwards
118
Which paraphilia has the lowest incidence of crossover when compared to other paraphilias?
Transsexualism
119
True or false: The majority of male pedophiles molest children they know.
TRUE
120
In this case the USSC held that congress had the authority under the necessary and proper clause of the constitution to civilly commit sex offenders at the completion of their incarceration.
US v Comstock
121
What did the Washington State's Community Protection Act of 1990 establish?
1) tx takes place afer punishment
| 2) A personality disorder was sufficient to qualify for a sexually violent predator.
122
This case strongly reflects trends established by Washington State's Community Protection Act
Kansas v. Hendricks
123
Requires states to establish stringent registration programs for sex offenders
Wetterling Act
124
Established the SORNA provisions
Adam Walsh Act
125
Mandatory community notifications
Megan's Law
126
What has similar reliability and validity to VST testing?
Penile plethysmography
127
In this case, the Court held that the Hendricks ruling set forth no requirement of total or complete lack of control
Kansas v Crane
128
Jaffee v Redmond - court?
USSC
129
Jaffee v Redmond - holding?
Rule 501 of the Federal Rules of Evidence recognizes a "psychotherapist privilege"
130
Doe v Roe - court?
New York County Supreme Court
131
Doe v Roe - details?
Dr. Roe published details about patient Doe in a book = you can't publish professional secrets
132
Which landmark case is a trial court decision?
Doe v Roe
133
In the Tarasoff case, which of the four components of
| negligence was involved?
Duty
134
Prior to the 1972 Canterbury v. Spence decision, how did the
majority of jurisdictions measure the obligation of
physicians to disclose risks in obtaining informed consent?
"Reasonable medical practitioner" standard.
135
What is the Canterbury v. Spence standard for informed
| consent?
What an average patient would be entitled to know in a
given situation, based on the law of reason; not a
standard set by the medical profession for itself.
136
What is the Canterbury v. Spence standard called?
Materiality of the information standard.
137
Details of Canterbury case?
19 y/o male, fell, required surgery, developed urinary incontinence, bowel paralysis and required crutches to walk. Sued Dr. Spencer because the doctor didn't tell him there was a risk of paralysis
138
Issue in "in re lifschutz"
who owns the privilege - the patient. Psychaitrist refused to testify after he was subpoenaed
139
Roy v hartogs - issue?
Roy sued Dr. Hartog because he had sex with her.
140
In Roy v. Hartogs* (NY SC, 1976), punitive damages were denied by the court because:
Defendant had no evil/malicious intent
141
8th Amendment for acting with "deliberate indifference" to inmate's health or safety only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it.
Farmer v Brennan
142
Farmer v Brennan - amendment?
8th Amendment for acting with "deliberate indifference" to inmate's health or safety only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it.
143
What was the standard of proof in Cruzan?
Clear and convincing evidence
144
What was going on w Cruzan ?
She was a vegetable and the state refused to pull the plug due to lack of evidence of her wishes
145
Rennie v. Klein is one of the major models (treatment driven) of how courts have handled the right to refuse psychiatric treatment. It stands for having a second physician decision maker in contrast to which landmark case which requires a substituted judgment for the patient by a judicial decision maker.
Rogers v. Commissioner
146
In their second opinion (this case), the Third Circuit Court of Appeals held that antipsychotic drugs may be administered to an involuntarily committed mentally ill patient whenever, in the exercise of professional judgment, such an action is deemed necessary to prevent the patient from endangering himself or others. The Court affirmed its earlier decision that the New
Jersey procedures provided in their Administrative Bulletin satisfied Due Process requirements.
Rennie v Klein
147
Six factors in the Rogers decision?
1. The patient's previously expressed preference;
2. The patient's religious convictions;
3. Impact on family from the patient's viewpoint;
4. Probable side effects;
5. Prognosis with treatment;
6. Prognosis w/o tx
148
In Youngberg v. Romeo, what constitutional amendment was the Supreme Court's decision based upon?
14th due process
a. reasonably safe conditions of confinement;
b. freedom from unreasonable body restraints;
c. such minimally adequate training as reasonable may be required to
accomplish the first two interests.
149
It is harder or easier to prove a departure from the Youngberg standard than the malpractice standard.)
Harder
150
Who was the mentally retarded guy who was beaten 63 times in a institution?
Romeo
151
Payne v tennessee - stare decisis - what amendment?
8th (victim impact statements)
152
the history of recovery for negligent infliction of emotional damages (NIED) is reviewed: (1) no recovery at all; (2) relief only if physical impact occurred; (3) the victim
himself must fear for his own safety; (4) a mother could recover for fear for her children's safety if
she was herself in a physical "zone of danger;" (5) the foreseeability standard of ___?
Dillon v. Legg.
153
Dillon v. Legg. Court?
Supreme Court of California
154
The quid pro quo theory supports the provision of treatment in exchange for loss of freedom.
O'Connor v Donaldson
155
Under a parens patriae theory for the provision of treatment, confinement must bear some relation to the purpose of confinement. The comi found that if "the rationale for confinement is the parens patriae rationale, that the patient is in need of treatment, the due
process clause requires that minimally adequate treatment be in fact provided. Case?
O'Connor v Donaldson
156
O'Connor v Donaldson: The Appeals Court held that a civilly committed person to a state mental hospital has a constitutional right to receive such individual treatment as will give him a reasonable opportunity to be cured or to improve his mental condition. This constitutional right was under the ___ amendment.
14th
157
The term "deliberate indifference" was first used in the case of ?
Estelle v. Gamble (1976).
158
A barrel of hay fell on Gamble - an inmate - violated what amendment?
8th
159
This case stated that Due Process required the state to prove by clear and convincing evidence that a person met the criteria for involuntary civil commitment.
Addington v Texas
160
A defendant may voluntarily and intelligently forego a NGRI defense
Frendak v US
161
A court may impose an NGRI defense on an unwilling competent defendant who refuses it for irrational reasons
Frendak v US
162
Indigent defendant must be provided a psychiatrist to assis in assessing NGRI defense. Case?
Ake v Oklahoma
163
Whether the due process clause of the 14th Amendment is violated by the Montana Code, Section 45-2-203, which provides that voluntary intoxication "may not be taken into consideration in determining the existence of a mental state which is an element of a criminal offense."
Did not violate due process
Montana v Egelhoff
164
8th amendment prohibits execution of the "insane"
Ford v wainwright
165
Violates cruel and unusual punishment to tx for incompetent to be executed
State v Perry
166
Wilson v U.S. - court?
D.C. Circuit Court of Appeals
167
Wilson v U.S. - details?
Amnesia does not equal incompetence
168
frye v U.S. - court?
D.C. Court of Appeals
169
Holding in Powell v Texas?
Powell's conviction for public intoxication was upheld because Robinson v. California only made "status" crimes unconstitutional, and did not adopt a constitutional doctrine of criminal responsibility.
170
The Court noted that the level of competence to plead
guilty or waive a right to counsel is not higher than nor
different from the Dusky standard. Case?
Godinez v Moran
171
A person committed to a hospital solely on account
of incompetence to stand trial cannot be held more than a reasonable period of time necessary to
determine whether there is a substantial probability that he will attain that competency in the
foreseeable future.
jackson v Indiana
172
Burden of proof on the insanity acquittee to prove he is no longer mentally ill or dangerous
jones v U.S.
173
dangerousness is broadly defnied as any criminal act
Joes v. U.S. - release of insanity acquittees
174
```
what do these cases have in common?
Jackson v Indiana
Disky v US
Foucha v Louisiana
Specht Patterson
```
raised DUE PROCESS arguments
175
Physicians were expected to diagnose battered children.
Landeros v Flood
176
The Department of Social Services' failure to provide the child with adequate protection against his father's violence did not violate his rights under the substantive component of the Due Process Clause.
DeShaney v Winnebago
177
DeShaney v Winnebago: The Department of Social Services' failure to provide the child with adequate protection against his father's violence did not violate his rights under ?
The substantive component of the Due Process Clause.
But "the Due Process Clause does not transform every tort committed by a state employee into a constitutional violation." compare to gamble (jail) and romeo (mental institute)
178
The Court articulated the state is permitted to presume a
defendant is competent and to place the burden on the defendant to prove incompetence by a preponderance of the evidence.
Cooper v Oklahoma
179
Estelle v Smith - amendment?
6th
180
An involuntary committed legally competent patient who
refuses medication has a right to a professional medical review of the treating psychiatrist's decision of what is in the best interest of the patient. The decision-making process is left to the medical professional 's
judgment, in contrast to the Rogers model (see below), which provides for a judicial review. Rennie - patient?
previously high functioning person, 31 developed schizophrenia/bipolar
181
___ was the first significant right
| to treatment case.
Rouse v Cameron (NGRI at St E's receiving no tx sued Dr. Cameron)
182
The forced administration of antipsychotic medication during Riggins' trial violated his 6th and 14th Amendment rights. What did the trial court allow in Riggins v Nevada?
The trial court allowed continuation of Mellaril w/o making any determination of the need for it or reasonable alternatives.
183
Violation of both due process and equal protection.
An individual with antisocial personality whose psychiatric illness is in full remission may
not be held simply because he remains indefinitely dangerous.
Foucha v Louisiana - insanity acquittees may not be held unless they are both mentally ill and dangerous.
184
What is the most recent right to tx case?
Youngberg v Romeo
185
Wyatt v Stickney - court?
US District Court of Alabama
186
Wyatt v Stickney - type of case?
Right to tx
187
Wyatt v Stickney - holding?
court set minimum constitutional requirements for adequate tx.
1) humane psychological and physical environment
2) Qualified staff in numbers sufficient to administer adequate tx
3) Individualized tx plans
188
Wyatt v Stickney - providing inadequate tx violates what?
fundamentals of due process
189
The famous Massachusetts right to refuse tx case - heard in Massachusetts Supreme Judicial Court
Rogers v Commissioner
190
Rights driven model?
Rogers v Commissioner
191
Tx driven model?
Rennie model
192
This case upheld parental authority for psychiatric admission when accompanied by concurring clinical opinion and periodic review
Parham v JL and JR
193
Constitutional minimum for civil commitment of minors - entitled to less than full judicial review given to adults. Case?
Parham v JL and JR
194
Ipisi dixit
Unsupported assertion by an expert witness
195
Addington v Texas is to Lessard v Schmidt as Washington v Harper is to
Rogers v Commissioner
196
Constitutional minimum standard of proof required for civil commitment. Case?
Addington v Texas
197
The materiality of the information standard of informed consent was first adopted in ?
Canterbury v Spence
198
```
The following cases were decided before a trial on the merits EXCEPT
ake v oklahoma
landeros v flood
tarasoff v regents
kumho tire v carmichael
```
ake v oklahoma
199
In Wilson v US the dissent argued that the majority holding violated Wilson's 6th amendment rights. What is this?
Ability to assist counsel because he could not provide his lawyer with information
200
In Jackson v US - what rights were violated?
Equal protection and due process rights (competency case - Theon - deaf mute with MR, robbery of $9 total).
201
"Due process requires that the nature and duration of commitment bear some reasonable relation to the
purpose for which the individual is committed." Case?
Jackson v US
202
The 15 law lords who wrote the McNaughten opinion had how many questions propounded to them?
FIVE
203
Jones v US - charge?
Shoplifting a jacket
204
The USSC held that it was constitutional to tx insanity acquittees as a separate class
Jones v US
205
Foucha's release was mandated by what amendment?
due process and equal protection clause of 14th amendment
206
Ake v Oklahoma key points? (4)
1) insanity eval
2) death penalty case
3) due process clause
4) 14 amendment
207
Case - individual entitled to a neutral fact finder and to cross-examine opposing experts.
Ford v Wainwright
208
Deliberate indifference by medical personnel toward a prisoner's serious mental illness violates the 8th amendement - case?
Estelle v gamble
209
Which case held that proceedings under a sexually dangerous persons act are not criminal within the meaning of the 5th amendment guarantees?
Allen v Illinois
210
What justification for involuntary medication should be considered before deciding to authorize medications with Sell?
dangerousness (Harper)
211
Accepted professional judgement?
Youngberg v Romeo
212
Which two caes show deference to medical decision-making?
Parham v JL and JR and Youngberg v Romeo
213
Can a breach of a patient's confidentiality result in a criminal conviction?
NO
214
The 1976 Tarasoff decision occurred before or after a trial on the facts?
BEFORE
215
The percentage of states that preclude juries from considering voluntary intoxication as evidence of a mental state (mens rea) for a crime is:
20%
216
Deaf student, IEP, "free appropriate education" and the statutory interpretation of an act of congress - case?
Board of Education v Rowley
217
Which case holding is most likely to be modified by Godinez v Moran?
Frendak v US
218
What was the issue in Frendak v US?
Can an insanity defense be forced upon an unwilling defendant?
219
What is the burden of proof required in the Dusky case for finding incompetence to stand trial?
More likely than not
220
The goal of Congress in passing ERISA was?
To protect employee benefit plans
221
In specht v patterson, the USSC held that Specht's detention under the Colorado Sex Offenders Act violated his right to procedural due process because?
He was not given an opportunity to challenge his sentencing under the ACt at a full adversarial hearing: counsel, notice, hearing, confront evidence, cross-exam witness, offer evidence (14th amendment)
222
Which case established the most widely quoted standard for competence to stand trial?
Dusky v US
223
Substitute decision maker to force medications
Rogers v Commissioner
224
Product test. Case?
Durham v US
225
Insanity - cognitive and volitional arms (1955)
Model Penal Code
226
The concept of "least restrictive alternative"
Lake v Cameron
227
"Even one day in prison would be cruel and unsual punishment for the crime of having a common cold." Case?
Robinson v CA
228
"Nothing could be less fruitful than for this Cout to be impelled into defining some sort of insanity test on constitutional terms"
Powell v Texas (USSC)
229
In Jackson v Indiana, Theon Jackson raised an equal protection argument that compared himself to which group of people?
Civilly committed patients
230
"Even one day in prison would be cruel and unsual punishment for the crime of having a common cold." Case?
Robinson v CA
231
"Nothing could be less fruitful than for this Cout to be impelled into defining some sort of insanity test on constitutional terms"
Powell v Texas (USSC)
232
In Jackson v Indiana, Theon Jackson raised an equal protection argument that compared himself to which group of people?
Civilly committed patients
233
What case looked at whether antipsychotic medication can be involuntarily given to a defendant at trial?
Riggins v Nevada
234
The forced administration of antipsychotic medication during Riggins' trial violated his 6th and 14th Amendment rights. Why?
Not given due process (should have done harper hearing)
235
The "offspring of a delusion" test for insanity was articulated in which case?
James Hadfield trial
236
Which standard of proof is closest to that required by the McNaughten standard?
Clear and convincing evidence
237
Holding in Durham v US?
Once evidence of a mental illness is introduced by the defense, the prosecution must prove sanity beyond a reasonable doubt.
238
in Jones v US, what group of people did Mr. jones comapre himself to in his equal protection claim?
Civilly committed patients
239
Standard for insanity based on the Insanity Defense Reform Act of 1984?
Clear and convincing evidence
240
In Foucha v Louisiana, Mr Foucha compared himself to which group of people in his equal protection argument?
Convicted prisoners
241
Standard of proof in juvenile adjudication proceedings?
Beyond a reasonable doubt
242
At the time Jaffee v Redmond was decided, how many states had some form of psychotherapist-patient privilege law?
50
243
Jaffee v Redmond - what section of the Federal Rules of Evidence?
501
244
The Tarasoff Court relied in part, on which document to establish that a therapist has a duty to protect a third party from the dangerous bx of his/her patient?
Restatement (Second) of Torts (1965)
245
In Kumho Tire Co v Carmichael - holding?
The trial court DID NOT abuse its discretion in its application of Daubert to exclude the tire analyst's expert testimony
246
In Oncale v Sundowner, the SC underscored the importance of what fact?
The threats were explicitly sexual
247
Harris v Forklift differs from ordinary civil litigation on the element of:
Damages
248
Harassment that involves the conditioning of employment benefits on sexual favors ( quid pro quo)
Meritor Savings Bank v Vinson
249
According to the Tarasoff 2 (1976) holding, discharging the duty to protect is accomplished by what?
contacting the known victims, initiating voluntary hospitalization, notifying the police committing the patient
250
The primary function of the writ of habeas corpus is to allow a prisoner to:
obtain release from unlawful imprisonment
251
"sue sponte" means
of one's own will or motion
252
In Allen v Illinois, the USSC held that the Illinois Sexually Dangerous Persons Act did not violate what?
Right against self-incrimination
253
Asymptomatic HIV is a disability under the ADA - case?
Bragdon v Abbot
254
Unjustified detention is a form of discrimination - case?
Olmstead v LC
255
USSC stated in Addington v Texas that the "beyond a reasonable doubt" standard is inappropriate to civil commitment proceedings because it may impose:
An unreasonable barrier to needed tx
256
The USSC case which allows a parent to civilly commit a child upon inquiry by a neutral fact finder without a formal hearing:
Parham v JR
257
The USSC said in Washington v Glucksberg that a law banning assisted suicide was rationally related to all of the following legitimate government interests (4)
1) prohibiting intentional killing
2) avoiding a possible slide toward euthanasia
3) protecting the ethics of the medical profession
4) preserving life
258
The law banning assisted suicide at issue in Washington v Glucksberg was upheld in the face of a constitutional challenge based on the :
Due process clause
The Court concluded that the right to assistance in committing suicide is not a fundamental libe1iy
interest protected by the due process clause.
259
Surrogate decision making that requires the decision-maker to "don the mental mantle of the imcompetent"
Substituted judgment
260
NC Supreme Court: punitive damages to be covered by insurance. Public policy does not preclude malpractice insurance from paying punitive damages.
Mazza v medical mutual
261
Mazza v Medical Mutual the Court said that the recent trend in public policy was for insurance contracts to allow
insurance coverage for punitive damages
262
Landeros v Flood illustrates the general rule that in a lawsuit, medical malpractice must be established by:
Expert witness testimony
263
The USSC held in Deshaney v Winnebago County Dept of Social Services that the Dept's failure to provide the child w adequate protection against his father's violence was not a violation of what?
The substantive component of the Due Process Clause
264
Daubert - what court?
USSC
265
The origin of the right to psychitric tx is most fairly attributed to:
Dr. Morton Birnbaum
266
in the Winnebago case the state may have acquired a duty under what type of law?
State tort law to provide the victim w adequate protection
267
In Irving Indiana School district v tatro, catheterization was determined to be a
"Related service"
268
Catheterization is not subject to exclusion as a medical service. Define medical service?
Medical services are defined as those provided by a licensed physician as opposed to a school nurse.
269
The concept of res ipsa loquitur is most relevant to:
Tort law (personal injury, civil suit that involves assault, battery, neglience, emotional dstress)
270
The Supreme Court rejected Farmer's claim of an 8th Amendment violation because:
Cruel and unusual conditions do not equate to cruel and unusual punishment
271
Under current ERISA standards, a claim against an HMO is usually limited to:
Benefit due under the plan
272
Without a patient's consent, confidential communications can be shared with who?
A consultant
273
On its own motion
Sua sponte
274
Question potential jurors
Voir dire (a preliminary examination of a witness or a juror by a judge or counsel.)
275
Represent oneself
Pro se
276
Ipsi dixit
He said it himself
277
The thing speaks for itself
Res ipsa loquitur
278
Habeas corpus
Produce the body
279
In the absence of one party
Ex parte
280
Precludes need for expert testimony
res ipsa loquitur
281
Foreseeability required
proximate cause
282
A theory of right to tx
quid pro quo
283
Kansas v Crane - dxs?
exhibitionism, ASPD
284
In Kansas v Crane, the USSC held that what amendment does not require that the state prove a SVP has a total lack of control regarding his bx?
14th
285
According to the federal Insanity Defense Reform Act of 1984, who has the burden of proving an insanity defense and what standard?
The defendant by clear and convincing evidence
286
The substantive component of the Due Process Clause bars certain arbitrary wrongful government actions regardless of the fairness of the procedures used to implement them - case?
Zinermon v Burch
287
Freedom from bodily restraint has always been at the core of the liberty protected by the Due Process
Clause from arbitrary governmental action
Youngberg v Romeo
288
What standard did the New Jersy SC rule in 1980 was necessary to show that hypnotically induced recollections were sufficiently reliable to be admissible in court?
Clear and convincing
289
Harm caused to a child by a parent does not indicate a violation of the substantive due process clause of the 14th amendment because:
the state is not the cause of the harmful action
290
In Kaimowitx v Michigcan the court concluded that a person voluntarily detained in a state facility can give voluntary consent to surgery if:
The procedure is highly accepted in the field
291
In 1990 the USSC ruled in Cruzan v Director that state of Missouri's standard for proving an incompetent person's wish to w/d life sustaining tx waas not unconstitutional. Standard?
Clear and convincing
292
Under the federal rules of evidence, may an expert answer the ultimate question?
YES except on the insanity defense in federal trials
293
What constitutional amendments were in question in the Wilson v US case?
5th and 6th (appellant's loss of memory did in fact deprive him of a fair trial and effective assistance of counsel to which the Fifth and Sixth Amendments entitled him.)
294
In Jackson v Indiana - how long can someone be held?
can they obtain competence in the reasonable future, otherwise civil commitment proceedings must be initiated
295
compare addington v texas and jones v US
addington = civil commitment is clear and convincing. Insanity - burden of proof is criminal beyond a reasonable doubt, the burden of proof can be shift to the insanity acquitee without violating the equal protection clause, DC requires defendant to prove NGRI by preponderance of evidence ( case is about to prove he is no longer mentally ill or dangerous)
296
Which court stated there was no necessary correlation between severity of the offense and the length of time necessary for recovery
JONES
297
The Jones decision was influenced by what 1982 Washington DC case?
Hinckley
298
Who has the buden of proof regarding insanity in the Insanity Defense Reform Act of 1984?
defense clear and convincing
299
Who has the burden of proof regarding insanity in the Insanity Defense Reform Act of 1984?
defense clear and convincing
300
Foucha - Louisiana scheme violated what protections?
equal protection and substantive due proces (jackson requirement that commitment bear some reasonable relation to the purpose for which the individual is commieted)
301
estelle v smith - amendments?
5 and 6
302
What action did the USSC take in state v perry?
remanded the case back to the lower court to review Washington v harper
303
Reasoning in vitek which protected prisoners against transfer to a mental hospital w/o a due process hearing?
Stigma of being a hospitalized psychiatric patient
304
why is cross-exam compromised after hypnosis?
memory hardening
305
least restrictive alternative?
lake v cameron
306
"w/o more" in Donaldson v O'Connor case?
tx
307
"quid pro quo" in the right to tx?
Tx for loss of liberty in involuntary confineement
308
What equal protection arguement was rasised in Lifschutz?
priest-penitent
309
"zone of danger"
physical area in which physical harm might occur to the plaintiff
310
Youngberg v romeo - amendment?
14th due process
311
Right to tx in Youngberg?
Only for sufficent habilitation to porcide physical safety and freedom from restatints
312
Washington v Harper - substantive due process?
What factual circumstances must exitis before the state may administer antipsychotics
313
Washington v Harper - procedural due process?
non-judicial mechanisms
314
Four exceptions to informed consent?
emergency thera[eutic exception, waiver, incompetene
The therapeutic exception applies when risk disclosure poses such a threat of detriment to
the patient as to become unfeasible or contraindicated. Patients occasionally become so ill
or emotionally distraught on disclosure as to foreclose a rational decision, or even pose
psychological damage to the patient. Disclosure to a close relative to secure consent may
be the only alternative.
315
cruzan standard?
Clear and convincing
316
Burden of proof in a malpractice case?
plaintiff - proponderance of evidence
317
3 landmark cases that involve violations of the 6th amendment?
rock v arkansas, wilson v us, estelle v smith
318
Holding in mazza v huffaker
Public policy does not preclude coverage under medical malpractice policy for punitive damages
319
Winnebago - amendment?
14th due process clause
