Lecture 2 Flashcards
(22 cards)
What characterizes an ethical dilemma?
Complex human interactions, conflict of values, multiple non-optimal actions
How can ethical dilemmas be resolved?
Through individual character (ethics) or societal norms (morals)
What is deontological ethics?
Ethics based on the inherent morality of the action itself, not the outcome
What is teleological (consequentialist/utilitarian) ethics?
Ethics judged by the consequences or outcomes of an action
Give a forensic psychology example of an ethical dilemma
Risk prediction: conflicting data from verbal info vs actuarial tools
What are the 4 principles of health care ethics?
Beneficence, Non-maleficence, Autonomy, Justice
What is a challenge to autonomy in forensic psychiatry?
Mental disorders may impair the patient’s ability to make informed decisions
What are the 3 conditions under which involuntary treatment is allowed in NL?
- Emergency
- Judicial order
- Mayoral crisis measure
Under what law can people be involuntarily treated in the Netherlands?
Compulsory Mental Health Care Act (WVGGZ)
What rights are protected under the Human Rights Act of 1998?
- Right to liberty
- Non-discrimination
- Humane treatment
When can confidentiality be breached in the Netherlands?
If there’s acute danger & consent cannot be obtained despite effort
What must professionals ensure when seeking consent for assessment?
Transparency about purpose, outcomes & rights
What are the 4 principles in the NIP professional code?
- Responsibility
- Integrity
- Respect
- Expertise
What is the focus of deontological vs consequentialist ethics in legal/psychiatric settings?
- Psychiatry: care/autonomy
- Legal: objectivity/impartiality
What is the insanity defense?
A defense where mental illness negates criminal responsibility at the time of the act
What is the M’Naghten Rule?
Insanity defense: mental disease + inability to know nature/wrongfulness of act
Define Actus Reus & Mens Rea
- Actus Reus = guilty act
- Mens Rea = guilty mind
What does culpability require?
Proof of both Actus Reus & Mens Rea beyond reasonable doubt
What is the Model Penal Code test?
Insanity defense includes lack of appreciation of wrongfulness or behavioral control
How does the Dutch system define criminal responsibility?
- Responsibility
- Diminished Responsibility
- (Complete) Insanity—no fixed legal criteria
What makes insanity assessments unreliable?
Retrospective diagnosis, memory issues, faking, or substance effects
How can neuroscience aid insanity defenses?
By identifying brain abnormalities—must be legally relevant and supported by neuropsychological evaluation
