Legal Issues Concerning CIT Flashcards
(18 cards)
Define “Mental Illness”?
Disorder of thought of mood which impairs someone’s ability to cope with the ordinary demands of life
O.C.G.A. 37-3-1(12)
Mentally ill persona requiring ______________ _____________ means a person who is an inpatient or an outpatient.
involuntary treatment
Police officers, sheriff’s deputies and other law enforcement officers are forced to
________________________________________.
become front line mental health workers
And people with mental illnesses are killed by police in justifiable homicides at a rate
________________________ than the general public.
nearly four times greater
What is “De-institutionalized”?
Changes treatment from institutions to being served in their community.
Indefinitely hospitalizing persons against their will is a _______________ violation.
due process
Canton v Harris (1989) was one of the first cases on ____________ ____ ______________ law enforcement.
failure to train
Define Deliberate indifference:
is the conscious or reckless disregard of the consequences of one’s acts or omissions.
What are the two types of seizure?
1) Acutal Seizure (Physical Force)
2) Constructive Seizure (Show of Authority)
When a pre-trial detainee alleges excessive force against jail personnel, the standard of
force is governed under the ______ _________________.
14th Amendment
What are the factors of the unreasonableness standard?
- Need for force ,
- The correlation between the “need for force” and the
force used. - The extent of injury, substained
- Consideration of the threat to staff and inmates.
Generally, prison officials can use force against prisoners in five situations:
- Self-Defense
- Defense of a third person.
- Enforcement of prison rules and regulations.
- Prevention of escape.
- Prevention of crime
Officers Authority to Pick-up under OCGA 37-3-41:
Law Enforcement Officers are statutorily authorized to pick up and transport a mentally ill
individual to an emergency receiving facility pursuant to:
> Physician Certificate
> Court Order
> Request by facility because person left without permission during involuntary treatment
O.C.G.A. § 37-3-42(A1). Emergency admission of persons arrested for penal offenses; report
by officer;
A peace officer may take any person to a physician within the county or an adjoining county for
emergency examination by the physician or directly to an
emergency receiving facility if:
> The person is committing a penal offense (a crime);
> Officer has probable cause that person is mentally ill, requiring involuntary treatment
O.C.G.A. § 37-3-42(A2). Emergency admission of persons who a peace officer has probable
cause to believe;
A peace officer may take any person to an emergency receiving facility (ERF) if:
> the peace officer has probable cause to believe that the person is a mentally ill person
requiring involuntary treatment; and;
> the peace officer has consulted either in-person or via telephone or telehealth with a
physician and the physician authorizes the peace
officer to transport the individual for an evaluation.
What is needed to establish the by-stander liability?
(1) an officer must know that a fellow officer is violating an individual’s constitutional rights;
(2) the officer must have a reasonable opportunity to prevent the violation; and
(3) he or she chooses not to act to prevent the violation. The facts of each particular case will
determine whether bystander liability exists or not.
_______________________________________ is a facility in your area that is designated to receive
patients for mental health evaluations pursuant to 1013 or Order to Apprehend.
Emergency Receiving Facility (ERF)
SEARCHING INCIDENT TO ARREST IS NOT PERMISSIBLE WITH A 1013!
True or False?
True
