PSY285 Chapter 18

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Developed by Joseph A. Davis, Ph.D.Developed by Joseph A. Davis, Ph.D.

Abnormal Psychology Ninth Edition 9/eAbnormal Psychology Ninth Edition 9/e

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A PowerPoint™ Slide Presentation forA PowerPoint™ Slide Presentation for

Lauren B. Alloy, Ph.D.John H. Riskind, Ph.D.Margaret B. Manos

Lauren B. Alloy, Ph.D.John H. Riskind, Ph.D.Margaret B. Manos

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Chapter 18Chapter 18

Legal and Ethical Issues

in Abnormal Psychology



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Chapter Main PointsChapter Main Points

Psychological Disturbances and Criminal Law

Civil Commitment Patients’ Rights Ethics and the Mental Health Profession



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Psychological Disturbance and Criminal Law


The Insanity Defense: Defendant admits to having committed the

crime Pleads not guilty due to mental disturbance Claims he or she was not morally responsible

at the time of the crime

The Insanity Defense: Defendant admits to having committed the

crime Pleads not guilty due to mental disturbance Claims he or she was not morally responsible

at the time of the crime

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The Insanity Defense: Questions the Defendant’s Mental State at the

Time of the Offense (MSO) Legal Tests of Insanity

M’Naghten, Others A new verdict: guilty but mentally ill (GBMI) Procedural aspects of the insanity defense Criticisms of the insanity defense

The Insanity Defense: Questions the Defendant’s Mental State at the

Time of the Offense (MSO) Legal Tests of Insanity

M’Naghten, Others A new verdict: guilty but mentally ill (GBMI) Procedural aspects of the insanity defense Criticisms of the insanity defense

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Competency to Stand Trial (CST): Questions the Defendant’s mental state at the

time of the trial Ability to assist legal counsel at the time of the

trial

Competency to Stand Trial (CST): Questions the Defendant’s mental state at the

time of the trial Ability to assist legal counsel at the time of the

trial

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Civil CommitmentCivil Commitment

Civil Commitment: Individuals who have been committed

involuntarily to a mental hospital because the state decided that they were disturbed enough to require hospitalization

Often times found to be a danger to self, to others or the community

Civil Commitment: Individuals who have been committed

involuntarily to a mental hospital because the state decided that they were disturbed enough to require hospitalization

Often times found to be a danger to self, to others or the community

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Procedures for Civil Commitment: The right to a jury trial The right to the assistance of counsel The right against self-incrimination The standard of proof

The “beyond a reasonable doubt” standard

Procedures for Civil Commitment: The right to a jury trial The right to the assistance of counsel The right against self-incrimination The standard of proof

The “beyond a reasonable doubt” standard

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False Positive: An unjustified commitment

False Negative: A failure to commit a person when

commitment is justified and necessary

False Positive: An unjustified commitment

False Negative: A failure to commit a person when

commitment is justified and necessary

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Standards for Commitment: The Definition of Dangerousness The Determination of Dangerousness

Variability in the legal definition Complexity of the literature Judgement biases Differential consequences to the predictor

Standards for Commitment: The Definition of Dangerousness The Determination of Dangerousness

Variability in the legal definition Complexity of the literature Judgement biases Differential consequences to the predictor

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The “thank-you” Proposition Expert testimony in civil commitment Making commitment easier The case against civil commitment

The “thank-you” Proposition Expert testimony in civil commitment Making commitment easier The case against civil commitment

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Patient’s RightsPatient’s Rights

The Right to Receive Treatment: Must provide an individualized treatment

program for each patient, skilled staff in sufficient numbers to administer such treatment, and a humane psychological and physical environment

The Right to Refuse Treatment: Issues surrounding competency, informed

consent or other

The Right to Receive Treatment: Must provide an individualized treatment

program for each patient, skilled staff in sufficient numbers to administer such treatment, and a humane psychological and physical environment

The Right to Refuse Treatment: Issues surrounding competency, informed

consent or other

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The Right to a Humane Environment: Right to privacy and dignity Opportunity for religious worship Nutritionally adequate diets Within multi-patient sleeping rooms, adequate

privacy and furnishings

The Right to a Humane Environment: Right to privacy and dignity Opportunity for religious worship Nutritionally adequate diets Within multi-patient sleeping rooms, adequate

privacy and furnishings

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The Right to a Humane Environment: Adequate and private bathing and toilet areas Right to wear own clothes and keep personal

possessions Similar visitation and telephone rights as

patients at other public hospitals

The Right to a Humane Environment: Adequate and private bathing and toilet areas Right to wear own clothes and keep personal

possessions Similar visitation and telephone rights as

patients at other public hospitals

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The Right to a Humane Environment: Unrestricted right to send and receive mail Right to regular physical exercise Opportunity must exist for interaction with

members of the opposite sex

The Right to a Humane Environment: Unrestricted right to send and receive mail Right to regular physical exercise Opportunity must exist for interaction with

members of the opposite sex

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Ethics and the Mental Health Profession

Ethics and the Mental Health Profession

Mental health professionals decide which among countless variations are abnormal

The power to commit someone involuntarily (a loss of freedom)

Mental health professionals decide which among countless variations are abnormal

The power to commit someone involuntarily (a loss of freedom)

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Recapping the Main PointsRecapping the Main Points





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End of Chapter 18End of Chapter 18





PSY285 Chapter 18

Health & Medicine

Transcript of PSY285 Chapter 18