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WSU PSYCH 333 - Legal and Ethical Issues
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PSYCH 333 1nd Edition Lecture 25 Outline of Last Lecture I. Aging.II. Neurocognitive DisordersOutline of Current Lecture II. Criminal CommitmentIII. Competency to Stand TrialIV. Capital PunishmentV. Involuntary Civil CommitmentVI. Patient RightsVII. ConfidentialityCurrent Lecture- Criminal Commitment:o Committing someone to a psychiatric hospital after they have committed a crime.o Insanity is a legal term. Refers to state of mind at the time the crime was committed.o Not guilty by reason of insanity. Court does not determine guilt, but whether the defendant understood the nature of his/her crime. Sent to a forensic hospital until they are no longer mentally ill.o Guilty but mentally ill. Found guilty/responsible for crime. Mental illness played a role – may impact sentencing.- Competency To Stand Trial:o To be considered competent the individual must: Be able to consult with his/her lawyer with a reasonable degree of understanding and… Have a rational and factual understanding of the proceedings.o Competency is determined before the individual is tried.o Issue of forced medication to produce competency.- Capital Punishment:o US Supreme Court ruled that executing someone who is “insane” or has a developmental mental disorder (e.g., intellectual disability) constitutes “cruel andunusual punishment.”These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Definitions of “insane” and developmentally delayed/disordered varies by states.- Involuntary Civil Commitment:o Committing an individual to a psychiatric hospital against their will (no crime has been committed).o Requirements. Individual is mentally ill 1) an imminent danger to self, 2) an imminent danger to others, and/or 3) mentally incapacitated to the point that he/she cannot meet minimum requirements for self-care.o Formal commitment requires a court-order.o Emergency commitment (temporary) with certification from 2 physicians.- Patient Rights:o Least restrictive alternative.o Right to treatment. If individual has been civilly committed.o Right to refuse treatment. Only waived when individual is an imminent threat to self or others.- Confidentiality:o Protected health information cannot be released without the written consent of the patient (HIPPA).o Exceptions: Imminent risk of harm to self or others. Reports of abuse or risk of abuse to a child or vulnerable adult (mandatedreporting). Subpoenas. Malpractice suit by patient.o Tarasoff Decision – duty to


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WSU PSYCH 333 - Legal and Ethical Issues

Type: Lecture Note
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