Deck 16: Mental Health and the Law

Question 1

Teresa has been severely depressed and has demonstrated suicidal tendencies. Based on the criteria for involuntary commitment, Teresa:

A) will be medicated and placed in isolation in a traditional hospital.
B) does not meet the criteria currently used in the United States.
C) is imminently suicidal and will most likely be held in a psychiatric facility.
D) is gravely disabled and needs someone to meet her basic needs.

Answer 1

is imminently suicidal and will most likely be held in a psychiatric facility.

Question 2

Larry is profoundly mentally retarded. His parents were recently killed in a car accident. Larry is unable to care for himself. In the context civil commitment, which of the following criteria does Larry satisfy?

A) Imminent danger to self
B) Self-neglect
C) Grave disability
D) Imminent danger to others

Answer 2

Grave disability

Question 3

Which of the following movements contributed to the change in laws about civil commitment?

A) Civil rights movement
B) Civil liberties movement
C) Patients' rights movement
D) Patients' liberties movement

Answer 3

Patients' rights movement

Question 4

Which of the following statements is true of the "dangerousness to self" criterion for civil commitment?

A) The person is held in an outpatient psychiatric facility and receives treatment only in the form of counseling to ward off suicidal tendencies.
B) Few states allow short-term commitments without a court hearing in situations such as these.
C) The individual is often admitted to an inpatient psychiatric facility for a few days while undergoing further evaluation and possibly treatment.
D) If a person does not voluntarily agree to treatment, mental health professionals cannot request the court to commit the person for a longer period of time.

Question 5

The criterion of "dangerousness to self" is most often invoked:

A) when a person is so incapable of caring for his or her personal needs that it may endanger the person's life.
B) when it is believed that a person is imminently suicidal.
C) when a mentally ill person refuses to take required medication, which may result in the person endangering his or her life.
D) when it is believed that a mentally ill person is non-responsive to all forms of treatment.

Question 6

The term for involuntary hospitalization is _____.

A) forced institutionalization
B) civil commitment
C) civil confinement
D) conservatorship

Question 7

In the case of Joyce Brown, who was involuntarily hospitalized by Mayor Koch of New York, Joyce was able to win release based primarily on the grounds that she:

A) was not guilty of any crime.
B) was not mentally ill.
C) was able to take care of herself and self-administer her medication.
D) had no intention of being treated.

Question 8

Which of the following cases established the clinician's duty to protect people who might be in danger because of their client?

A) Durham v. United States (1954)
B) Tarasoff v. Regents of the University of California (1974)
C) O'Connor v. Donaldson (1975)
D) Wyatt v. Stickney (1971)

Question 9

When committing an individual to a psychiatric facility against his or her will, most states require that the danger the individual poses to themselves or others be _____, in other words, if they are not immediately incarcerated, they or someone else will likely be harmed in the very near future.

A) definite
B) indirect
C) imminent
D) specific

Question 10

In which of the following cases was it ruled that, "a State cannot constitutionally confine....a nondangerous individual, who is capable of surviving safely in freedom by himself or with the help of willing and responsible family and friends"?

A) Durham v. United States (1954)
B) Tarasoff v. Regents of the University of California (1974)
C) O'Connor v. Donaldson (1975)
D) Wyatt v. Stickney (1971)

Question 11

established:

A) the right to treatment.
B) the unconstitutionality of confining a nondangerous individual.
C) the clinician's duty to protect others from harm.
D) the need to refine the irresistible impulse rule.

Question 12

Which scenario is the most appropriate application of the grave disability criterion?

A) Hospitalizing a physically disabled person
B) Refusal to pursue treatment
C) The inability to feed oneself
D) Threats of suicide

Question 13

Lincoln was referred to Dr. Hughes by Student Health Services as they felt he needed more intensive treatment. Lincoln reported having been in love with a woman who broke up with him after a 2-year relationship. He is experiencing extreme anxiety and intense anger. At his most recent session, Lincoln told Dr. Hughes that he can't stand to see the woman on campus and plans to kill her. He has already bought a gun, and has begun following her. Which of the following cases is most relevant to how Dr. Hughes should proceed?

A) Durham v. United States (1954)
B) Tarasoff v. Regents of the University of California (1974)
C) O'Connor v. Donaldson (1975)
D) Wyatt v. Stickney (1971)

Question 14

The criterion that requires that people be so incapacitated by a mental disorder that they cannot care for their basic needs for food, clothing, and shelter is the _____ criterion.

A) imminent danger to self
B) self-neglect
C) grave disability
D) imminent danger to others

Question 15

Which of the following individuals is most likely to be involuntarily hospitalized?

A) Ruthie, who attempts to inflict serious bodily harm on herself
B) Jonathan, who can tend to his basic needs without care or supervision
C) Ismael, who is charged with a hate crime but shows no mental disturbance
D) Li Na, who usually smokes marijuana at her sorority parties

Question 16

In 1988, New York City Mayor Ed Koch applied which criterion to the homeless residents of New York to justify involuntary hospitalization?

A) Grave disability
B) Need for treatment
C) Danger to self
D) Danger to others

Question 17

A person being considered for involuntary commitment:

A) has no right to court-appointed counsel.
B) has the right to be placed in the most restrictive setting.
C) has the right to call and confront witnesses.
D) has no right to a public hearing or an appeal.

Question 18

Judges typically defer to the judgment of _____ about a person's mental illness and whether the criteria for commitment are met.

A) former patients
B) mental health professionals
C) family members
D) legal counsel

Question 19

Morris was held in a mental health facility against his will. Such an action is called _____.

A) unjust imprisonment
B) criminal incarceration
C) civil incarceration
D) civil commitment

Question 20

Prior to the mid-twentieth century, in the United States _____ was sufficient cause to hospitalize people against their will and force them to undergo treatment.

A) dangerousness to self
B) the need for treatment
C) dangerousness to others
D) grave disability

Question 21

Mentally ill women are _____ mentally ill men to commit violent acts toward others.

A) as likely as
B) more likely than
C) less likely than
D) significantly more likely than

Question 22

Which of the following rights is not recognized in some states and in most states can be overruled in many circumstances?

A) The right to treatment
B) The right to a public hearing
C) The right to refuse treatment
D) The right to be placed in the least restrictive treatment setting

Question 23

Research suggests that violent behavior among mentally ill women:

A) tends to be overestimated by clinicians.
B) tends to be overrated by clinicians and psychiatrists.
C) tends to be underestimated by clinicians.
D) tends to be underreported by clinicians and psychiatrists.

Question 24

Research suggests that _____ problems are strong predictors of violent behavior.

A) perceptual
B) substance abuse
C) depersonalization
D) anxiety

Question 25

Joshua has been discharged from a psychiatric hospital. He was admitted and treated for major depression. Joshua has discontinued his medications and uses alcohol to self-medicate. He has become increasingly violent. Who would most likely be the target of his violence?

A) Family members
B) Medical doctors
C) Acquaintances
D) Strangers

Question 26

According to a major study on violent activity among former psychiatric patients, _____ may account for the relatively high rates of violence among the former psychiatric patients and the community comparison group.

A) random variables
B) individual differences
C) reporting biases
D) contextual factors

Question 27

According to a research study, youth with _____ were perceived as somewhat likely or very likely to be dangerous to themselves or others.

A) major depression or attention-deficit/hyperactivity disorder
B) "daily troubles" and asthma
C) attention-deficit/hyperactivity disorder and "daily troubles"
D) major depression and asthma

Question 28

Available studies suggest that about ____ admissions to inpatient psychiatric facilities in the United States is involuntary.

A) one in ten
B) one in four
C) one in two
D) one in eight

Question 29

Which of the following is true about disputes over a patient's right to refuse treatment?

A) Most often clinicians and family members pressure patients to accept treatment, so most patients agree to treatment after initially refusing it.
B) Judges tend to be particularly sympathetic in their rulings on patients' rights to refuse treatment, and particularly their concerns about the risks of treatment.
C) It is most often the families that want the patient to refuse treatment, but mental health facilities push for it.
D) Due to the patients' rights movement, refusals are generally respected.

Question 30

Which of the following statements is true of involuntary commitment?

A) According to research, about 45 percent of all inpatient admissions in European countries are involuntary.
B) Admissions to state and county mental hospitals are much more likely to be involuntary than admissions to other types of hospitals.
C) Court orders for outpatient care are less common among individuals who have lived in residential psychiatric facilities.
D) Almost all voluntary patients believe they would have been involuntarily committed if they had not agreed to be hospitalized.

Question 31

Which of the following cases established a patient's right to treatment?

A) Durham v. United States (1954)
B) Tarasoff v. Regents of the University of California (1974)
C) Wyatt v. Stickney (1971)
D) O'Connor v. Donaldson (1975)

Question 32

According to a major study on violent activity among former psychiatric patients, which of the following groups had the lowest rate of violent activity?

A) Former patients with a major mental disorder and a history of substance abuse.
B) Former patients with a major mental disorder without a history of substance abuse.
C) Former patients with a diagnosis of "other" mental disorders and a co-occurring substance abuse problem.
D) Former patients with a diagnosis of adjustment disorder and a co-occurring substance abuse problem.

Question 33

Which of the following is one of the "Wyatt Standards?"

A) Psychiatric patients' freedoms must be kept to a minimum.
B) Psychiatric patients must receive group therapy and treatment plans.
C) Psychiatric patients' must have the right to a public hearing and the right to counsel.
D) Psychiatric patients must have a humane psychological and physical environment.

Question 34

Which of the following research observations is true of violence by mentally ill people?

A) Research has suggested that violence by mentally ill women tends to be overestimated by clinicians.
B) Mentally ill women commit violent acts against strangers more often than do mentally ill men.
C) Mentally ill women who commit violence are more likely to have been drinking before the violence and to be arrested following it than mentally ill men.
D) Clinicians do not probe mentally ill women for evidence of a tendency toward violence as much as they do mentally ill men.

Question 35

Mentally ill men who commit violence are more likely to have been _____ before the violence than are mentally ill women who commit violence.

A) off their medication
B) previously incarcerated
C) unemployed
D) drinking

Question 36

In the event that the defendant, Carson, is judged incompetent to stand trial, _____.

A) the trial may be postponed as long as there is reason to believe he will become competent
B) he will actively involve himself in preparing his defense along with his attorneys
C) he will be acquitted and released into the care of his family or friends
D) the trial will go on, but he will not be allowed to testify

Question 37

According to a major study on violent activity among former psychiatric patients, it was found that by the end of the year:

A) former patients were significantly more likely to commit a violent act than people in the community comparison group.
B) former patients were less likely to commit a violent act than people in the community comparison group.
C) former patients were no more likely to commit a violent act than were people in the community comparison group.
D) former patients were highly unlikely to commit a violent act as social support systems had begun to affect their behavior.

Question 38

Which of the following cases established a patient's right to a humane environment?

A) Durham v. United States (1954)
B) Tarasoff v. Regents of the University of California (1974)
C) Wyatt v. Stickney (1971)
D) O'Connor v. Donaldson (1975)

Question 39

_____ means that a patient accepts treatment after receiving a full and understandable explanation of the treatment being offered and makes a decision based on his or her own judgment of the risks and benefits of the treatment.

A) Disclosure
B) Beneficence
C) Counseling
D) Informed consent

Question 40

In which of the following cases can a state ignore a person's right to refuse treatment?

A) When the person who has been arrested is a minor
B) When the person is manic or psychotic
C) When the person has been arrested for negligent behavior
D) When the person is guilty in moral terms

Question 41

Rhonda takes her three daughters to the bridge and pushes them over the railing into the cold waters below. She tells her lawyer that God told her to do it if the she wanted her children to escape from the bad mother that she was. Which of the following is her court-appointed lawyer most likely to use in court to justify her actions?

A) Mistaken identity
B) Self-defense
C) Insanity
D) Duress

Question 42

Harvey was found to be so mentally incapacitated at the time he murdered his wife that it was determined he could not conform to the rules of society. Consequently, he should be found:

A) criminally insane.
B) mentally incompetent.
C) not guilty by reason of insanity.
D) guilty by reason of insanity.

Question 43

The term "insanity" is a:

A) psychological term as opposed to a psychiatric term.
B) legal term as opposed to a psychological term.
C) medical term as opposed to a legal term.
D) psychiatric term as opposed to a medical term.

Question 44

Which of following is true about the "not guilty by reason of insanity" verdict?

A) Studies indicate that a large percentage of the individuals who receive this verdict receive hard time in a maximum-security prison.
B) Approximately 10 percent of those who receive the verdict are African Americans and Hispanic women who are battered and abused.
C) Some states require that people who receive the verdict should only be institutionalized for the same length of time they would have served if they had received prison sentences.
D) Evidence suggests that the insanity defense is widely used to help people avoid incarceration for their crimes.

Question 45

The police have charged Tracy with first-degree murder. She has exhibited an inability to understand her situation and to participate in her defense. Tracy is most likely:

A) competent to stand trial.
B) incompetent to stand trial.
C) not guilty by reason of insanity.
D) guilty but mentally ill.

Question 46

The insanity defense:

A) is often supported by the general public.
B) is one of the most well-accepted applications of psychology to the law.
C) has increasingly become the defense for battered and abused women.
D) is commonly used, with more than 50 percent of all defendants in felony cases pleading insanity.

Question 47

Which of the following did Dan White's lawyers say influenced his ability to form the necessary mens rea?

A) Temporary insanity
B) Large amounts of junk foods
C) Guilty but mentally ill
D) Obsession with an actress

Question 48

Athena was found "not guilty by reason of insanity" after murdering her husband. If her stay there is the average length of institutionalization, Athena will be most likely be institutionalized for _____.

A) 1 year
B) 3 years
C) 6 years
D) 10 years

Question 49

The plea "not guilty by reason of insanity" is successful in approximately _____ felony cases in the United States.

A) 1 out of 400
B) 5 out of 100
C) 1 out of 4
D) 1 out of 3

Question 50

) The court determined that Godfrey could not be held responsible for his crime because he did not know that his actions were wrong. The governing rule in such a case is the _____.

A) M'Naghten rule
B) uncontrollable impulse rule
C) Durham rule
D) ALI rule

Question 51

The insanity defense:

A) upholds the right of people with mental illnesses to informed consent.
B) requires the person to be chronically insane in order for the insanity defense to apply.
C) only requires that the person be judged insane at the time of committing the illegal act.
D) promotes equal treatment in legal proceedings for individuals with mental illnesses.

Question 52

The doctrine that a person must have a "guilty mind" is known as _____ in Latin.

A) mens rea
B) ad hominem
C) certiorari
D) corpus juris

Question 53

An individual who lacks the capacity to understand information, to think rationally about alternative courses of action, to make good choices, and to appreciate one's situation as a criminal defendant:

A) is capable of giving informed consent.
B) is likely to be judged incompetent to stand trial.
C) will be denied his or her right to refuse to treatment.
D) is not likely to be committed under the grave disability criterion.

Question 54

Which of the following statements is true of competence to stand trial?

A) Defendants with a long history of psychiatric problems are more likely to be referred for competence evaluations.
B) Men are more likely than women to be judged incompetent.
C) European Americans are more likely than members of ethnic minority groups to be judged incompetent.
D) Defendants referred for competence evaluations tend to be educated, employed, and married.

Question 55

If Winslow, the defense attorney enters an insanity defense, Tallulah, the defendant will be affirmed insane by the M'Naghten rule if:

A) her crime was a product of a mental disease or defect.
B) she did not know what she was doing was wrong at the time of the crime.
C) she lacked substantial capacity either to appreciate the wrongfulness of her crime at the time of the crime.
D) her crime was driven by an irresistible impulse to commit it or she had a diminished capacity to resist doing it.

Question 56

Defense attorneys suspect impaired competence in their clients in up to _____ of cases.

A) 1 percent
B) 10 percent
C) 25 percent
D) 35 percent

Question 57

A major problem in applying the M'Naghten rule is determining:

A) the definition of psychosis.
B) the definition of a guilty mind.
C) the definition of a schizophrenic mind.
D) the definition of a "disease of the mind."

Question 58

Ivor was sent to a mental institution after he was found "not guilty by reason of insanity." If his stay there is the average length of institutionalization, Ivor will be institutionalized for _____.

A) 6 months
B) 1 year
C) 3 years
D) 20 years

Question 59

Incompetency to stand trial differs from insanity in legal terms in that it:

A) is subjective and difficult to prove.
B) refers to the inability of the defendant to understand the charges against him.
C) refers to the mental state of the defendant when the crime was committed.
D) is the impulse to commit a crime due to mental disease.

Question 60

Almost 90 percent of the people who are acquitted after pleading the insanity defense are _____, and two-thirds are _____.

A) male; African-American
B) female; African-American
C) male; White
D) female; White

Question 61

established:

A) the irresistible impulse rule.
B) that the insanity defense could be used for any crimes that were the product of mental disease or mental defect.
C) that a person could be absolved of responsibility for performing a criminal act if he or she was unaware of the wrongfulness of the act.
D) that temporary insanity created by the voluntary use of alcohol or drugs did not qualify a defendant for acquittal by reason of insanity.

Question 62

Which of the following types of insanity defense is an alternate to "not guilty by reason of insanity" adopted by some U.S. states?

A) Guilty but mentally ill
B) ALI rule
C) Irresistible impulse rule
D) Diminished capacity

Question 63

A problem associated with the M'Naghten rule is:

A) it requires that a person not know right from wrong at the time of the crime in order to be judged not guilty by reason of insanity.
B) it ignores the issue of whether the person has a "guilty mind" or the intention to commit the illegal act in order to be held responsible for the act.
C) it consistently recognizes psychoses as "diseases of the mind" but completely disallows other disorders that can impair judgments of right and wrong.
D) it acts as a means by which guilty people "get off," thereby promoting antisocial behaviors among members of society.

Question 64

Ralph is a repeat offender of criminal and antisocial behaviors, and has been arrested several times. Which of the following rules will not allow him to plead not guilty by reason of mental disease or mental defect?

A) The M'Naghten rule
B) The Durham rule
C) The ALI rule
D) The Insanity Defense Reform Act

Question 65

A verdict of guilty but mentally ill (GBMI) implies that the person should:

A) not be held responsible for the crime.
B) receive treatment.
C) not be eligible for treatment.
D) be barred from mental institutions.

Question 66

_____ requires the defense to prove that the defendant was insane at the time of the crime, as opposed to requiring the prosecution to prove that the defendant was sane at the time the crime was committed.

A) The Guilty but Mentally Ill Act
B) The Insanity Defense Reform Act
C) Mental Illness Act
D) The Mental Disease or Defect Act

Question 67

Jeffrey's syphilis went untreated and resulted in cognitive deficits and faulty perceptions of reality. He heard voices commanding him to "cleanse the wicked of their sins." Obeying the commands, he killed several prostitutes and known drug dealers. Jeffrey was found not guilty by reason of mental disease or mental defect. His verdict was the result of the _____.

A) ALI rule
B) M'Naghten rule
C) American Psychiatric Association definition of insanity
D) Durham rule

Question 68

The Insanity Defense Reform Act of 1984 adopted the _____ definition of insanity.

A) American Psychiatric Association's definition
B) American Law Institute's definition
C) American Psychological Association's definition
D) American Bar Association's definition

Question 69

Under which of the following conditions would it be difficult for the courts to apply the M'Naghten rule?

A) When a person is suffering from hallucinations
B) When a person is diagnosed with schizophrenia
C) When a person has delusional experiences
D) When a person has posttraumatic stress disorder

Question 70

The notion of "diminished capacity" refers to being:

A) mentally ill, or legally insane, at the time the crime was committed.
B) mentally retarded or otherwise incapable of understanding the law.
C) under the influence of alcohol or other drugs.
D) incapable of resisting the impulse to commit the crime.

Question 71

The rule that broadened the insanity defense to include "acts of passion" is the _____.

A) Durham rule
B) ALI rule
C) irresistible impulse rule
D) M'Naghten rule

Question 72

The notion of "diminished capacity" is most closely aligned with the _____ rule.

A) M'Naghten
B) Durham
C) irresistible impulse
D) ALI

Question 73

Which of the following is true about the verdict of "guilty but mentally ill"?

A) It has been adopted by some states as an alternative to the verdict of "not guilty by reason of insanity."
B) Defendants convicted under this standard serve their entire sentence in mental institutions.
C) Defendants convicted under this standard serve their sentence in a mental institution until it is determined that they are no longer mentally ill; then they finish their sentence in prison.
D) Defendants convicted under this standard are given the option of either going to jail, or receiving treatment for their mental illness.

Question 74

One of the most celebrated applications of the notion of diminished capacity was _____.

A) the Twinkie Defense
B) Wyatt v. Stickney
C) Durham v. United States
D) the Matrix Defense

Question 75

Claude was high on cocaine when he viciously assaulted a stranger. Because he was not completely aware of his actions at the time, Claude pled insanity. Based on which legal case was his case thrown out of court?

A) Durham v. United States
B) Wyatt v. Stickney
C) Barrett v. United States
D) O'Connor v. Donaldson

Question 76

Which of the following types of insanity defense was done away with by all jurisdictions in the 1970s?

A) ALI rule
B) Irresistible impulse rule
C) Durham rule
D) Insanity Defense Reform Act

Question 77

Under which of the following insanity defense rules can a person still be found not guilty by reason of insanity even if he or she knows the act being performed is wrong (i.e., criminal)?

A) ALI rule
B) M'Naghten rule
C) American Psychiatric Association definition of insanity
D) Durham rule

Question 78

The rule that holds that a person is not responsible for a crime if that crime is the result of mental defect, or if, during commission of the crime, the person lacked the capacity to understand that the act was criminally wrong or to conform his or her conduct "to the requirements of the law," is the _____ rule.

A) ALI
B) Durham
C) irresistible impulse
D) M'Naghten

Question 79

Which of the following is true about the American Law Institute (ALI) rule?

A) The ALI rule is narrower than the M'Naghten rule since it requires the defendant to have an appreciation of the criminality of the act.
B) The ALI rule is more restrictive than the Durham rule because it requires some lack of appreciation of the criminality of one's act.
C) The ALI rule is broader than the Durham rule because it requires only the presence of a mental disorder.
D) The ALI rule allowed defense attorneys to argue that a defendant's history of antisocial conduct was itself evidence of the presence of a mental disease or defect.

Question 80

established:

A) the irresistible impulse rule.
B) the duty of clinicians to protect others from their clients.
C) that temporary insanity created by the voluntary use of alcohol or drugs did not qualify a defendant for acquittal by reason of insanity.
D) that the insanity defense could be used for any crimes that were the product of a mental disease or mental defect.