Legal and Ethical Issues in Psychology PDF

Legal and ethical issues: Nov.28 Mental health law: Purpose: protect the rights of people with mental health problems. Balances o Rights and fairness o Protection for society Legal vs. Psychiatric meanings: Legal – mental disorders = disease of...

Legal and ethical issues: Nov.28 Mental health law: Purpose: protect the rights of people with mental health problems. Balances o Rights and fairness o Protection for society Legal vs. Psychiatric meanings: Legal – mental disorders = disease of the mind Insanity, mental illness and mental disorder = legal terms (not psychiatric terms) Criminal vs. Civil commitment: 1. Charter of rights and freedoms 2. Criminal commitment 3. Civil commitment – held against their will at the hospital Criminal law: Much of Canadian law is from the English common law (excluding Quebec) Matter of federal statue (same in every province) Civil commitment: Under control of the province (different across provinces) When used? Individual charge with a crime may have a “mental illness”. Decisions: A. Competency to stand trial B. Not responsible criminally due to mental disorder Trial: Competency to stand trial: When: both conditions are met. Physically and mentally present. (Trial abstentia) Focus on person’s state of the mind at the time of the trail 3-criteria: Fitness interview Test-R  1. Does the person understand nature and purpose of legal proceedings? 2. Doesn’t person understand the consequences of proceedings? 3. Is person capable of communicating with their lawyer? Not competent to stand trial: (if the criteria met) Outcomes possible o Conditional discharge o Detain in hospital o Order treatment Community treatment orders: Condition: person released into community only if adhered to recommended treatment o Rationale: majority lack capacity to make treatment decisions o Suffer lack of insight **Controversial Not criminally responsible by reason of mental disorder (NCRMD) At the time of the crime were they mentally confident? Focus: person’s state of mind at time of the offence. Based on the concept of “mens rea” = criminal intent- guilty mind o Actus rea – guilty act o Both are required for criminal intent The criteria must be met; o 1. Suffer from mental disorder o 2. Appreciating the nature of one’s behavior o 3. Appreciating one’s behavior is wrong NCRMD defense: Person can have mental dirdoer but still be criminally responsible for the action o Disorder must directly impact the criminal action **mental disorder is a legal term, judge’s decision Civil commitment: Situation: an individual whether needs protection. (Have not committed a crime) Based on two concepts: Parents Patriae- citizen not able to act in their best interest Police power – need to protect the public Criteria: BC 1. Mental illness 2. Need for psychiatric treatment 3. Care, supervision, control necessary to protect the person or others 4. Prevent substantial mental/physical deterioration (most controversial) When committed? Initiated by family usually Need 2 medical opinions (except in emergencies) o 1 doctor = 48 hrs assessment o 2 doctors = 1 month assessment After civilly committed: Patient must be given written/oral notice of their rights Family member must be notified Commitment can be appealed o 3-person review board o Patient has right to a lawyer Violence and mental illness: Violent acts related to mental illness (3%) o Mostly substance abuse Prediction of dangerousness o Hard to predict  o Health professionals have poor judgement o Require structured interviews and specialized training Patient’s right: a. Right to treatment i. Treatments must be safe and effective **what if there is no effective treatment? Patients have right to obtain a second medical opinion Many don’t receive treatments they need b. Right to refuse treatment i. Competency to refuse treatment is established ii. Others may provide consent too treatment if patient can’t **BC allows involuntary treatment (controversial) iii. Right to least restrictive care (be treated in the least restricted organization that matches your needs) Ethical issues in professional psychology: Patients need to be aware of the following before assessment/research. Informed consent o Treatment o Assessment (interview, questions …) Limits of confidentiality o Harm to self/others o Danger to children o Subpoena (judge could request records therefore must share) o Criminal plans Dual relationships/boundary issue o Therapist cannot have other forms of relationship with patients **professors that are registered cannot treat students Limits of competence o Practicing within area of knowledge