Abnormal Psychology Second Canadian Edition Gerald C. Davison John M. Neale Kirk R. Blankstein Gordon L. Flett Prepared by: Traci McFarlane
Legal and Ethical Issues Chapter 18 Legal and Ethical Issues
Criminal Commitment Criminal commitment Confining a person, who has broken the law, to a mental institution Determination of competency to stand trial, or After verdict of not criminally responsible on account of mental disorder (insanity defense)
Criminal Commitment Not criminally responsible due to mental disorder Landmark cases in Canada M’Naghten rule, Regina v. Swain, Regina v. Chaulk, Regina v. Oosminer, Winko v. B.C Insanity (legal term) Fitness to stand trial The Fitness Interview Test-Revised
Civil Commitment Confining a mentally ill or dangerous person who has not broken the law Formal or Informal (temporary) Community Commitment: Community treatment orders (Brian’s Law) Preventive detention and problems in risk assessment Prediction of dangerousness Actuarial prediction Psychopathy Checklist – Revised HCR – 20 (historical, clinical & risk variables) Violence Risk Appraisal Guide
The Tarasoff Case Duty to warn and protect Extending protection to foreseeable victims Chilling effect of Tarasoff?
Civil Commitment Recent trends toward greater protection Choosing among ethical principles Respect for the dignity of persons Responsible caring Integrity in relationships Responsibility to society Right to treatment Right to refuse treatment Prior capable wish
Civil Commitment Deinstitutionalization, civil liberties, and mental health, issues include: Stigmatization of people with a history of mental illness An absence of basic living skills Poor housing Poverty Difficulties getting a job and accessing aftercare programs
Ethical Dilemmas in Therapy and Research Ethical restraints on research Informed consent Confidentiality Privileged communication Who is the client or patient?
Ethical Dilemmas in Therapy and Research Choice of goals Choice of techniques Right to competent treatment Ethical and legal dimensions of recovered memories
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