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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 Disorders Outline of Current Lecture II Criminal Commitment III Competency to Stand Trial IV Capital Punishment V Involuntary Civil Commitment VI Patient Rights VII Confidentiality Current 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 and unusual 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 mandated reporting Subpoenas Malpractice suit by patient o Tarasoff Decision duty to warn


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WSU PSYCH 333 - Legal and Ethical Issues

Type: Lecture Note
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