1. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Abnormal Psychology, Eighth Edition by Gerald C. Davison and John M. Neale Lecture notes created by Paul J. Wellman, Texas A&M University PowerPoint  Lecture Notes Presentation Chapter 18 Legal and Ethical Issues Ch 18

2. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Constitutional Freedoms The Constitution outlines the powers of government –The amendments to the Constitution provide Controls over the powers of the federal government Assurances of maximum liberty for the citizens of the United States The treatment of abnormal behavior can present a conflict between the protection of society as a whole and the rights of the person Ch 18.1

3. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Commitment Procedures Criminal commitment is the process in which a mentally ill person who has committed a crime is confined to an institution –For determination of competency to stand trial –Following acquittal on the basis of insanity Civil commitment refers to a set of procedures by which a mentally ill and dangerous person can be incarcerated within a mental hospital Ch 18.2

4. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e The Insanity Defense Insanity is a legal term The insanity defense is the legal argument that a person should not be held accountable for an illegal act if that act followed from a mental illness that interferes with rationality or that results from some other circumstance, such as not knowing right from wrong Ch 18.3

5. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Origins of the Insanity Defense Irresistible impulse means that the person was compelled to commit the criminal act M’Naghten rule establishes that the person was labouring under a defect of reason as not to know the nature and quality of the act Durham rule states that the person is not responsible if their unlawful act was the product of mental disease or mental defect Ch 18.4

6. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Insanity Defense Reforms The successful use of the insanity defense by John Hinckley led to reform efforts –Elimination of the irresistible impulse component –Mental defect must be “severe” –Burden of proof is shifted to the defendants to prove that the defendant was not sane “Guilty but mentally ill” plea allows a person to be found guilty but incarcerated in a mental hospital rather than a prison Ch 18.5

7. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Competency to Stand Trial The insanity defense applies the mental state of the person at the time of the crime Competency assesses whether the person has sufficient current mental presence to stand trial –Be able to communicate with their attorney –Have a rational and factual understanding of the proceedings –Incompetent persons are placed in an institution for treatment for some period of time Ch 18.6

8. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Civil Commitment In civil commitment, the person has not committed a crime Civil commitment is involuntary placement in a psychiatric hospital Justification for commitment includes –The person is mentally ill –The person is judged to be a danger to themselves (and to others) Formal procedures involve the court Ch 18.7

9. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Preventative Detention The justification of civil commitment includes the premise that the person may be dangerous to themselves and others There is not a strong link between mental illness and violence –Only 3% of the violence in the U.S.A. is linked to mental illness –90% of the mentally ill are not violent Predicting future violence is difficult Ch 18.8

10. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Rights of the Mentally Ill Recent trends include –The right to be treated during incarceration –The right to have their status reassessed during extended commitments –The right to refuse treatment –The right to be treated in the least restrictive environment Specific guidelines have been proposed for treatment facilities Ch 18.9

11. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Ethical Dilemmas in Research Science is concerned with the how and why of what is; ethics and values are concerned with what ought to be… Scientists have not always treated subjects in an ethical fashion –Medical experiments often do not explain the nature of the experiment or the risks of the experiment to the subjects –Research review boards were created to protect subjects Ch 18.10

12. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Informed Consent Informed consent involves providing subjects with information about the research project –The nature of the research –The risks associated with the research –College students and mental patients may not have sufficient understanding to give informed consent Subjects have the right to refuse to take part in the research project Ch 18.11

13. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Limits on Communication Confidentiality implies that information shared with a physician or psychologist will not be revealed to others Privileged communication involves a relationship that is protected by law –Husband and wife –Physician and patient –Attorney and client –Psychologist and patient Ch 18.12

14. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Recovered Memories Recovered memories refers to clinical situations in which childhood sexual abuse is remembered during therapy –One concern is whether the recovered memories are genuine or whether these are implanted by the therapist Recent guidelines call for therapists to take a “neutral” stance when a patient recalls abuse Ch 18.13

15. © 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Copyright Copyright 2000 by John Wiley & Sons, New York, NY. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission of the copyright owner.