Mental Health and the Law

Mental health and the law

30 cards   |   Total Attempts: 182
  

Related Topics

Cards In This Set

Front Back
Mentally ill
Legal description of an individual who purportedly suffers from a mental illness, which is analogous (in this view) to suffering from a medical disease
Mental-health professional judgments
Whether accused people are competent to stand trial and whether they were sane at the time the crimes were committed
Incompetent to stand trial
Legal status of an individual who lacks a rational understanding of the charges against him or her, an understanding of the proceedings of his or her trial, or the ability to participate in his or her own defense
Insanity
A legal term, reflecting the fundamental doctrine that people cannot be held fully responsible for their acts if they were so mentally incapacitated at the time of the acts that they could not conform to the rules of society 
Insanity defense
Defense used by people accused of a crime in which they state that they cannot be held responsible for their illegal acts because they were mentally incapacitated at the time of the act
M'Naghten Rule
The individual is not held responsible for a crime if At the time of the crime, the individual was so affected by a disease of the mind that he or she did not know the nature of the act he or she was committing or did not know it was wrong
Mens rea ("guilty mind")
Idea of the M'Naghten Rule, stating the intention to commit the illegal act must be present in order to be held responsible for the act
Irresistible impulse rule
The individual is not held responsible for a crime if at the time of the crime, the individual was driven by an irresistible impulse to perform the act or had a diminished capacity to resist performing the act. "twinkie defense"
Durham rule
The individual is not held responsible for a crime if the crime was a product of a mental disease or defect
Durham v. united states
Produced the third rule for defining insanity, the Durham rule
ALI (American Law Institute) rule
The individual is not held responsible for a crime if at the time of the crime, as a result of a mental disease or defect, the person lacked substantial capacity either to appreciate the criminality (wrongfulness) of the act or to conform his or her conduct to the law
Barrett v. United States
In 1977, when it was ruled that "temporary insanity created by voluntary use of alcohol or drugs" also does not qualify a defendant for acquittal by reason of insanity
Insanity Defense Reform Act
1984 law, affecting all federal courts and about half of the state courts, that finds a person not guilty by reason of insanity if it is shown that, as a result of mental disease or mental retardation, the accused was unable to appreciate the wrongfulness of his or her conduct at the time of the offense
American Psychiatric Association definition of insanity
The individual is not held responsible for a crime if at the time of the crime, as a result of mental disease or mental retardation, the person was unable to appreciate the wrongfulness of his or her conduct
Guilty but mentally ill (GBMI)
Verdict that requires a convicted criminal to serve the full sentence designated for his or her crime, with the expectation that he or she will also receive treatment for mental illness