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Legal Concerns Defining “Mental Illness”  Mental Illness is a Legal Concept  Varies by State  Not the Same as Psychological Disorder Responsible for.

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Presentation on theme: "Legal Concerns Defining “Mental Illness”  Mental Illness is a Legal Concept  Varies by State  Not the Same as Psychological Disorder Responsible for."— Presentation transcript:

1 Legal Concerns Defining “Mental Illness”  Mental Illness is a Legal Concept  Varies by State  Not the Same as Psychological Disorder Responsible for Actions?  How do you determine this?

2 Legal Concerns Insanity Defense  Less than 1% of all cases  Even fewer succeed  Often spend more time locked in hospital than would be in prison  Not same as having a disorder  Knowledge of right vs. wrong, Self-control, & Diminished capacity  “Twinkie Defense”  Guilty But Mentally Ill

3 Legal Concerns Competent to Stand Trial  Understand Charges  Assist in Own Defense

4 Civil Commitment Should People Be Committed to a Psychiatric Institution Against Their Will?  Criteria for Civil Commitment  Person has a Mental Illness  Needs Treatment  Is Dangerous (self or others)  Is Unable to Care for Self (gravely disabled)  Known as “5150” in California  Problems with determining risk and disability Right to Refuse Treatment?

5 Clients’ Rights To Refuse Treatment To Obtain Treatment To Confidentiality  Therapeutic Effect  Limits  Imminent Harm to Self or Others Duty to Warn (Tarasoff)  Suspicion of Child Abuse “Least Restrictive Environment”

6 Deinstitutionalization Made Possible Largely Due to Medications for Severe Disorders Intended Shift of Treatment to Community Mental Health Centers Largely a Failure  Least restrictive environment gone awry?  Criminalization of the mentally ill  “Greyhound Therapy”  Homelessness  Other care facilities  Nursing and group homes

7 Antipsychotic Drugs and Inpatient Treatment

8 Current Trends Managed Mental Health Care Fewer Hospitalizations Briefer Treatments Fewer psychiatrists, and now psychologists, providing psychotherapy Greater use of medications Movement Toward Practice Guidelines  Manualized treatments  EVTs, ESTs, and narrowing treatments Treatment is in many cases very good, but some areas not very good

9 Social Aspects of Mental Illness Social Stigma  Choice of wording The Myth of Mental Illness  Szasz  Mental illness is an invention not a discovery Power of Mental Health Professions  Abuse of power, even if unintentional  “On Being Sane in Insane Places” - Rosenhan Be Aware and Willing to NOT Pathologize People


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