Quiz 2 Key Terms Flashcards
(49 cards)
Civil Commitment
the decision a judge makes when a person alleged to be mentally ill should go to a psychiatric hospital
Parens Patriae
State can intervene for wellbeing
Police Power
Right to intervene in lives of individuals who break the law
Psychiatric Hospital Beds
numbers have drastically decreased due to deinstitutionalization and pharmaceuticals
Dangerousness Criteria
Person must pose a threat to themselves and/or others to be committed
Wyatt v. Stickney
Right to individual treatment, commitment stripped liberties
Patient Rights
Rights to individual treatment, treatment litigation and if free, treatment refusal
Criminalization of Mental Illness
Mass incarceration of the mentally ill following deinstitutionalization
Transinstitutionalization
refers to movement of mentally ill from mental hospitals to jails and prisons (result of deinstitutionalization)
Competency
refers to person’s present ability to understand their situation
Insanity
Lacking capacity to understand wrongdoing and/or own mental illness
Anosognosia
Individual is unaware of their own condition
Dusky v. United States
Set standard for competency, hallucinating during trial, was oriented but not “present”
Dusky Standard
defendant must understand the proceedings (rational and factual) and be able to assist attorney
Jackson v. Indiana (1973)
You can’t hold a person for competency restoration longer than “reasonable” (either commit them or let them go)
Drope v. Missouri (1975)
Defense attorney and BOTH judge & prosecution have obligation to raise issue of competence
Godinez v. Morgan (1993)
Waiver of rights must be intelligent and voluntary, competency cannot be for “one purpose”
Competency Assessments
Used to assess awareness and mental capacity of individuals
Sell v. United States
Competency to stand trial and refuse treatment are NOT the same thing
Post-Hinckley Case
First examples of expert testimony, burden of proof placed on the prosecution
Guilty but Mentally Ill (GBMI)
finds defendant guilty but recognizes they have a mental illness and decides if they need treatment
Commitment v. Sentence
commitment is often longer than the sentence would be, and places individuals in psychiatric facilities
Conditional Release
shall grant release unless is is clear the person would pose risk of bodily harm or inadequate environment
Revocation Factors
40% of prison admissions are for parole violation, mostly failure to report on time
