Resnick Landmark Case Questions Flashcards
(127 cards)
1
Q
Under the Federal Rules of Evidence, may an expert answer the ultimate question?
A
Yes, except on the insanity defense and federal trials.
2
Q
What is the Dusky standard?
A
Does the accused have sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and does he have a rational and a factual understanding of the proceedings against him?
3
Q
Is the Dusky standard used in federal trials today?
A
No, It was superseded by different wording in the 1984 Federal Insanity Defense Reform Act.
4
Q
Which constitutional amendments were in question in the Wilson v. United States case?
A
The 5th and 6th Amendments.
5
Q
How long did the Jackson v. Indiana court say an incompetent defendant could be held?
A
An incompetent defendant can only be held for a reasonable period of time necessary to determine whether there is a substantial probability of attaining competence in the foreseeable future.
6
Q
What was the holding in Godinez v. Moran?
A
The Supreme Court rejected the notion that competence to plead guilty or waive the right to counsel must be measured by a standard that is higher or lower than the Dusky standard.
7
Q
Why is McNaughton the best known insanity test?
A
It was the first appellate decision regarding not guilty by Reason of insanity criteria.
8
Q
What did the Durham case say about who had the burden of production and the burden of persuasion in insanity cases?
A
The defense has the burden of production, and the prosecution then has the burden of persuasion beyond a reasonable doubt to prove sanity.
9
Q
What insanity test most closely foreshadowed the Durham Rule?
A
Pike v. New Hampshire in 1871.
10
Q
What jurisdictions retain some type of Durham rule today?
A
Virgin Islands and New Hampshire.
11
Q
What was the main thrust of the Durham progeny, concluding with the Brawner (1972) decision?
A
The cases were efforts to curtail psychiatric conclusory testimony which usurped the role of the jury.
12
Q
Contrast the Whalen rule with the Frendak rule.
A
Under Whalen, the trial judge was required to interpose an insanity defense when there was sufficient question as to the defendants mental responsibility at the time of the crime. The Frendak court focused not on the validity of the insanity defense, but on the defendants ability to make an intelligent choice about raising an insanity defense.
13
Q
What is the impact of the USSC decision Godinez v. Moran likely to be on the Frendak decision?
A
Since Godinez states that the Dusky standard is sufficient to waive counsel, the Supreme Court may now believe that once an insanity defense is voluntarily and intelligently waived, the trial court should not impose an NGRI on an unwilling defendant.
14
Q
What limit was placed on the length of time an insanity equity could remain in the hospital in Jones v. the United States?
A
None.
15
Q
Contrast the reasoning in Jones v. United States with that in Addington v. Texas.
A
In an ordinary civil commitment, the state has the burden to show the person is mentally ill by clear and convincing evidence. In cases of insanity, the defendant has put forward his mental illness. The criminal act was proved beyond a reasonable doubt in Washington, D.C.; thus, it is not a prediction of a dangerous act but a fact. Therefore, the burden of proof can be shifted to the insanity acquittee without violating the Equal Protection Clause.
16
Q
How did the Jones decision meet the Jackson requirement that the nature and duration of confinement bear some reasonable relation to the purpose for which the individual is committed?
A
The Jones court stated there was no necessary correlation between severity of the offense and the length of time necessary for recovery.
17
Q
The Jones decision was probably influenced by what 1982 Washington, D.C. Case.
A
Hinckley
18
Q
Who has the burden of proof regarding insanity in the Insanity Defense Reform Act of 1984?
A
The defense by clear convincing evidence.
19
Q
What constitutional provisions did the Louisiana scheme for release of insanity equities violate in Foucha v. Louisiana?
A
Equal protection and substantive due process.
20
Q
What language from Jones v. the United States was interpreted in Foucha?
A
That an insanity equity may not be held unless he is both mentally ill and dangerous.
21
Q
What AAPL founding member helped establish diminished capacity in California?
A
Dr. Bernard Diamond
22
Q
Estelle v. Smith found that Smith had been denied a fair trial based on which two constitutional amendments?
A
5th and 6th Amendment
23
Q
What evil was the Miranda v. Arizona 1966 decision trying to prevent?
A
Police brutality and gaining forced confessions.
24
Q
What reasons did the Supreme Court give in Estelle v. Smith for why they were unwilling to forbid psychiatrists from predicting dangerousness in death penalty hearings?
A
Psychiatrists do predict dangerousness and other settings, such as civil commitment. Since lay people do it, there is no reason to think that psychiatrists should not be permitted to do so. There is diversity of opinion among psychiatrists with regard to their ability to predict dangerousness. “No one states that psychiatrists are always wrong in predicting dangrousness, only wrong most of the time.”
25
Do the ethical guidelines of AAPL permit psychiatrists to testify in the sanity trial of a person they did not personally examine?
Yes, but the lack of an exam must be disclosed on the witness stand.
26
Did the Ake v. Oklahoma case uphold the Barefoot v. Estelle opinion regarding the admissibility of psychiatric evidence about future dangerousness?
Yes.
27
The reasoning of the Ake decision was based on which constitutional amendment?
The Due Process Clause of the 14th Amendment.
28
What was the constitutional basis for requiring prisoners to be competent when they are executed in Ford v. Wainwright?
The 8th Amendment.
29
IWhat did the United States Supreme Court do in State v. Perry?
The Supreme Court remanded the case back to the lower court to review in light of Washington v. Harper.
30
What did the Louisiana Supreme Court conclude in State v. Perry about involuntary antipsychotic medication to make a convict competent to be executed?
It violated the Louisiana constitution.
31
In Baxstrom v. Herold, what constitutional right was invoked?
Equal Protection Clause of the 14th Amendment
32
What was the reasoning in Vitek v. Jones regarding the protection of prisoners against transfer to a psychiatric hospital?
The stigma of being a hospitalized psychiatric patient and the behavior modification programs were protected by a separate liberty interest.
33
Why is cross-examination compromised in a subject whose memory has been hypnotically refreshed?
The witness often becomes convinced of the truthfulness of his memory to an extreme degree, which is called memory hardening.
34
What are the two legal principles underlying civil commitment?
* Police power
* Parens patriae
35
Which legal principle was emphasized in Lessard v. Schmidt?
Police power.
36
Which legal principle was emphasized in Parham v. JL and JR?
Parens patriae.
37
What principle was enunciated in the Lake v. Cameron case?
Least restrictive alternative.
38
Who wrote the Lake v. Cameron decision?
Judge David Bazelon.
39
What famous statement about liberty by Justice Brandeis is quoted in Lessard v. Schmidt?
Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent...the greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning, but without understanding.
40
What new rights were given to persons at civil commitment hearings in the Lessard v. Schmidt case?
* Advanced notice of hearing
* Right to a jury trial
* A right to counsel
* Privilege against self incrimination
* Exclusion of hearsay evidence
* Notice of the substance of the state's proposed testimony
41
Lessard was to involuntary commitment what ________ was to juveniles.
In re Gault
42
Lessard was to involuntary commitment what ________ was to prison transfers to psychiatric hospitals.
Vitek v. Jones
43
Lessard was to involuntary commitment what ________ was to sexual psychopath offenders.
Specht v. Patterson
44
Lessard was to involuntary commitment what ________ was to committed prisoners upon completion of their sentence.
Baxstrom v. Herold
45
What is the most famous sentence from the O'Connor v. Donaldson case?
The state cannot constitutionally confine, without more, a non-dangerous individual who is capable of surviving safely and freedom by himself or with the help of willing and responsible family members and friends.
46
In O'Connor v. Donaldson, the state cannot confine a non-dangerous individual without what?
The need for more treatment.
47
What does 'quid pro quo' mean in the context of right to treatment and sexual harassment?
It is the exchange of treatment for loss of liberty and involuntary confinement.
IN sexual harassment, it means demanding sexual favors in exchange for promotion or job improvement.
48
What was the issue in Addington v. Texas?
The constitutionally required standard of proof in civil commitment cases.
49
What standard of proof is constitutionally required for civil commitment per Addington v. Texas?
Clear and convincing evidence.
50
What are the different standards of proof?
* Preponderance
* Clear and convincing
* Beyond a reasonable doubt
51
How does the Addington v. Texas reasoning compare with that in Lessard v. Schmidt?
Lessard emphasized the curtailment of liberty and criminalization of civil commitment, whereas Addington balanced the need for treatment against the loss of liberty. Addington contrasted commitment to criminal conviction, which is only punitive.
52
What was the issue in Parham v. JL and JR?
What constitutional process is due a minor child whose parents seek state-administered institutional care for their child?
53
Compare the attitude of the Parham and Youngberg v. Romeo decisions toward psychiatry.
Parham and Youngberg gave substantial deference to medical decision making, while Lessard and Rogers required strict judicial decision making.
54
What is the origin of the constitutional right to privacy?
The United States Supreme Court has recognized that the right of privacy has its roots in the First, 4th, and 5th Amendments, and in the penumbras of the Bill of Rights in the Ninth Amendment, and in the concept of Liberty guaranteed in the first section of the 14th Amendment.
55
What equal protection argument was raised in the Lifshutz case?
A comparison of psychiatrist-patient to priests-penitent privilege.
56
Identify the two types of privacy involved in constitutional law.
* Individual interest in avoiding disclosure of personal matters
* Interests in independence of making important decisions
57
What is the standard by which a physician is measured to determine malpractice?
A physician is required to exercise, in both diagnosis and treatment, that reasonable degree of knowledge and skill which is ordinarily possessed and exercised by other members of his profession in similar circumstances.
58
In the Tarasoff case, which component of negligence was involved?
The extension of duty to protect third parties from a psychiatrist’s outpatients.
59
What is the most important sentence in Tarasoff?
“When a therapist determines, or, pursuant to the standards of his profession, should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger.”
60
What is the most famous alliterative phrase of Tarasoff?
The protective privilege ends where the public peril begins.
61
What is the distinction between Tarasoff I and Tarasoff II?
Duty to warn vs. duty to protect.
62
What is the major distinction between Tarasoff and Lipari v. Sears?
Tarasoff was limited to identifiable third parties, whereas Lapari extended protection to unidentified third parties who were foreseeably endangered.
63
How does workers compensation differ from tort law?
* No fault need be proven
* All work-related injuries paid
* No compensation for pain and suffering
* Liberal interpretation in workers favor
* Legislative v. judicial origin
64
What is the 'Zone of danger' in psychiatric injury cases?
The physical area in which physical harm might occur to the plaintiff.
65
In what ways is the Landeros v. Flood case similar to Tarasoff?
The trial court dismissed for lacking a cause of action (demurrer); Duty to protect foreseeable victim; Criminal action as a supervening event.
66
What is the legal definition of child abuse?
A non-accidental physical injury inflicted on a child by a parent or guardian.
67
How many states have mandatory child abuse reporting laws?
All of them.
68
Was the Rouse v. Cameron decision about right to treatment based on a constitutional right?
No, a DC statute.
69
In Youngberg v. Romeo, what constitutional amendment was the Supreme Court's decision based upon?
14th Amendment due process.
70
In what sense did the Youngberg court say there was a right to treatment?
Only for sufficient habilitation to provide physical safety and freedom from restraint.
71
Is the Youngberg v. Romeo standard of 'Substantial departure from accepted professional judgment' higher or lower than the standard for malpractice?
It is harder to prove a departure from the Youngberg standard than the malpractice standard.
72
What is the famous statement by Justice Cardoza regarding autonomy and the right to refuse treatment?
Every person of adult years and sound mind has a right to determine what shall be done with his body.
73
In Saikewicz, how does the 'substituted judgment' doctrine differ from the 'best interest' guide to decision making?
The “substituted judgment doctrine,” as opposed to the “best interest of the patient doctrine,” is what decision would be made by the incompetent person if he were competent.
74
What are the three major models of right to refuse treatment in the country today?
Rennie v. Klein. - Medical Review, or treatment driven model;
Rogers v. Commissioner - Judicial review or the rights-driven model;
Utah Standard - Adjudicate incompetence to make treatment decisions on admission.
75
Did the Washington v. Harper decision favor doctors or judges as medication decision makers?
Doctors because they know more about antipsychotics.
76
What were the substantive and procedural due process issues in Washington v. Harper?
The substantive due process issue is what factual circumstances must exist before the state may administer antipsychotic drugs to a prisoner against his will.
The procedural due process issue is whether the state's non-judicial mechanisms used to determine the facts in a particular case are sufficient.
77
Prior to the 1972 Canterbury v. Spence decision, how did the majority of jurisdictions measure the obligation of physicians to disclose risk?
The reasonable medical practitioner standard.
78
What case enunciated the standard of a reasonable medical practitioner?
Natanson v. Kline, 1960.
79
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.
80
What are the four exceptions to the requirement for informed consent?
* Emergency
* Incompetence
* Therapeutic exception
* Waiver
81
What reasoning in Kaimowitz v. Michigan Department of Mental Health was repeated in early Massachusetts right to refuse medication cases?
The right to generate ideas, even psychotic ideas, is protected by the 1st Amendment.
82
What is the Canterbury v. Spence standard called?
Materiality of the information standard
83
In Cruzan v. Director of Health, Missouri, what standard must be met to prove an incompetent patient’s desire to withdraw life-prolonging treatment?
Clear and convincing evidence
84
Did the Cruzan court acknowledge a competent person's right to die by rejecting hydration and nutrition?
Yes
85
What are the three elements of informed consent?
* Competence
* Information
* Voluntariness
86
Who has the burden of proof in a malpractice case?
The plaintiff by a preponderance of the evidence
87
Who has the burden of going forward when a physician fails to disclose information due to the therapeutic exception?
The physician
88
To prevail in an informed consent case, what two things must the Plaintiff show a causal relationship between?
* Failure to warn
* Damages
89
What tort cases suggested that a profession could not set its own standard regarding potential endangerment of a person's health or safety?
* Ship's Radio via TJ Hooper
* Glaucoma testing via Helling v. Carey
90
What information must be given in informed consent?
* Nature of the illness
* Potential risks and benefits of the proposed treatment
* Alternatives to that treatment
* Likely result if untreated
91
How did Truman v. Thomas define 'material information' regarding risks?
That which the physician knows would be regarded as significant by a reasonable person in the patient's position when deciding to accept or reject a recommended medical procedure.
92
In what types of cases has the standard of clear and convincing evidence been used?
* Termination of life by artificial means in Cruzan
* Deportation proceedings, Denaturalization proceedings, Civil commitment proceeding in Addington v. Texas
* Termination of parental rights in Santoski v. Kramer
93
What is the difference between confidentiality and privilege?
* Confidentiality: Doctor's duty not to reveal patient information
* Privilege: Patient's right to prevent doctors from testifying about confidential information
94
What exceptions to the right to confidentiality can you identify?
* Tarasoff
* Contagious diseases
* Controlled substances
* Gunshot wounds
* Child abuse
* Patient-litigant exception
95
In Doe v. Roe, violations of privacy were divided into what two areas?
* Unreasonable intrusion
* Unreasonable publicity
96
Under what circumstances may a preliminary injunction be issued?
a.Upon a clear showing by the plaintiff of either (1) Probable success on the merits and possible Irreparable harm or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief.
97
What is the subpoena duces tecum?
A subpoena to appear and bring records
98
Do the Federal Rules of Evidence provide for psychotherapist and patient privilege?
Not specifically; however, the Supreme Court in Jaffe v. Redmond concluded that there is a federal psychotherapist-patient privilege
99
Name three landmark cases that involve violations of the 6th Amendment rights.
* Rock v. Arkansas
* Wilson v. United States
* Estelle v. Smith
100
What did the Aetna v. McCabe decision say about intentional torts and malpractice insurance coverage?
The court rejected the argument because the victim of the medical malpractice would be denied compensation.
101
What was the holding in Mazza v. Huffaker?
Public policy does not preclude coverage for punitive damages under medical malpractice policy
102
Under common law, does a person have a duty to prevent a third party from causing physical injury to another?
No, except when a special relationship exists
103
In Lipari v. Sears Roebuck, why did the US federal District Court consider relevant Nebraska law?
Federal courts rely on local state law and making decisions under the Federal Tort Claims Act.
104
What did the Naidu v. Laird court say about remoteness in time of an injury in relation to proximate cause?
It declined to rule as a matter of law, that physical or temporal remoteness should bar recovery.
105
In Dillon v. Legg, what was the distinction between the mother and daughter who witnessed the auto accident?
The daughter was within the 'zone of danger' for physical risk, while the mother was not
106
What were the issues in Payne v. Tennessee?
Whether 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, the issue of whether the court was required to follow its own prior precedents was also addressed.
107
In DeShaney v. Winnebago County DSS, which constitutional rights did Joshua DeShaney allege were violated?
The substantive due process clause of the 14th Amendment
108
Distinguish the 'special relationship' identified in Estelle v. Gamble and Youngberg v. Romeo from that in DeShaney v. Winnebago County DSS.
In Youngberg v. Romeo and Estelle v. Gamble, the plaintiffs were under the total control of an institution, whereas Joshua Deshaney did not lose his freedom to act.
109
According to Board of Education v. Rowley, does the Education of the Handicapped Act required that each handicapped child have “an opportunity to achieve her full potential commiserate with the opportunities provided to other children?”
a. No, the federal requirement is satisfied when the state provides personalized instruction with sufficient support services to permit the handicapped child to benefit educationally from the instruction.
110
In People v. Stritzinger (1983), what was required to declare a witness unavailable for court testimony?
Testimony by an expert witness that testifying would cause serious impairment to the health of the witness, or a refusal by the witness to testify.
111
According to People v. Stritzinger, does a California therapist have a duty to report knowledge of child sexual abuse learned from the perpetrator?
Yes, but not if it only confirms what he learned from the victim and it was already reported to child welfare or authorities.
112
What is the most quoted portion of Jackson v. Indiana?
"Due process requires that the nature and duration of confinement bear some reasonable relation to the purpose for which the individual was confined"
113
What does Title 7 of the Civil Rights Act of 1964 say?
An employer may not discriminate based on race, color, religion, sex, or national origin
114
How would an eggshell skull plaintiff fare under the laws of sexual harassment?
The eggshell plaintiff rule does not apply to liability in a sexual harassment case, but it does apply to damages. Thus, a defendant is not automatically liable if a hypersensitive plaintiff takes offense at a sexual cue to which a reasonable person of the same gender would not have taken offense.
115
What was the issue in Oncale v. Sundowner?
Whether workplace harassment can violate Title 7's prohibition against discrimination because of sex, when the harasser and the harassed employee are the same sex.
116
What are some differences between sexual harassment and traditional torts?
* Traditional torts require harm
* Sexual harassment claims do not require economic or emotional harm
117
What is the standard for appellate review on a summary judgment motion?
The affidavits of the moving party should be strictly construed, and those of the opponent liberally construed. Any doubt should be resolved in favor of the party opposing the motion
118
What is a suit against an HMO under 'agency' theory?
An HMO may be held liable for malpractice under an agency theory when a patient looks to the HMO for care, and the HMO's conduct leaves the patient to reasonably believe that he is being treated by an employee of the HMO.
119
What five different types of court dismissals are there?
* Demurrer, * No cause of action exists
* Summary judgment
* Directed verdict
* Judgment notwithstanding the verdict
* Lack of jurisdiction
120
What is the difference between 'substituted judgment' and 'best interests' standards in right to refuse treatment cases?
Substituted judgment focuses on what the person would prefer if competent
121
What does Federal Rule 702 say about expert witness testimony?
If scientific, technical, or other specialized knowledge will assist the Trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify there too in the form of an opinion or otherwise.
122
Are expert witnesses permitted to give scientific testimony regarding the veracity of a witness?
No, this is a jealously guarded function by the Trier of fact. There are indirect exceptions for malingering and child sexual molestation allegations.
123
What is the Frye test?
Whether a scientific discovery has reached general acceptance in its field
124
What is summary judgment?
A judge's dismissal of a case as a matter of law due to no material facts at issue
125
What guidelines did the Supreme Court give for admission of scientific evidence?
The trial judge must ensure that an expert's testimony rests on a reliable foundation and is relevant. The trial judge must make an assessment of whether the testimonies, underlying reasoning, or methodology are scientifically valid and can be properly applied to the facts at issue.
The judge should consider whether the theory or technique has been tested, whether it has been subjected to peer review and publication, its known or potential error rate, the existence of standards controlling its operation, and whether it has attracted widespread acceptance.
126
What was the issue in Kumho Tire Company v. Carmichael?
How does Daubert apply to the testimony of engineers and other experts who are not scientists?
127
What was the holding of the United States Supreme Court in Kumho Tire Company v. Carmichael?
The trial judges gatekeeping obligation applies not only to scientific knowledge but also to testimony based on technical and other specialized knowledge. Courts of appeal are to apply an abuse of discretion standard when reviewing a district court's determination of reliability.
