Deck 16: Mental Health and the Law

Question 1

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) uncertain
B) indirect
C) imminent
D) specific

Answer 1

imminent

Question 2

Larry is severely intellectually disabled. His parents were recently killed in a car accident. Larry is unable to care for himself. In the context of 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

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

Answer 3

mental health professionals

Question 4

The need for treatment alone is no longer sufficient legal cause for civil commitment in most states in the United States. This change came about as part of the _____ of the 1960s.

A) civil rights movement
B) civil liberties movement
C) patients' rights movement
D) patients' liberties movement

Question 5

In which of the following cases was it ruled that, "a State can't constitutionally confine...a non-dangerous 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 6

In 1988, New York City Mayor Ed Koch applied the _____ criterion to the homeless residents of New York to justify their involuntary hospitalization.

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

Question 7

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 two-year relationship. 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. 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 8

Teresa has been severely depressed and has demonstrated suicidal tendencies. Based on the criteria for involuntary or civil 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.

Question 9

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 can't request the court to commit the person for a longer period of time.

Question 10

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 11

Which of the following cases established a 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 12

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) Patrick, who is charged with a hate crime but shows no mental disturbance
D) Li Na, who usually smokes marijuana at her sorority parties

Question 13

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

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

Question 14

O'Connor v. Donaldson (1975) established:

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

Question 15

The criterion that requires people to be so incapacitated by a mental disorder that they can't 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 16

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 17

The term for involuntary hospitalization is _____.

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

Question 18

In the case of Joyce Brown, who was involuntarily hospitalized by Mayor Koch of New York City, 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 19

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 to control aggression.
D) when it is believed that a mentally ill person is non-responsive to all forms of treatment.

Question 20

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 21

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 22

Some research suggests that violent behavior among mentally ill women:

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

Question 23

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 24

In the event that a 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 can actively involve himself in preparing his defense along with his attorneys
C) he can 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 25

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 26

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 shows symptoms of mild depression
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 27

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

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

Question 28

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 29

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 30

Joshua, who was admitted and treated for major depression, is discharged from his psychiatric hospital. Joshua discontinues medications and begins to consume alcohol. He becomes increasingly violent. According to research, who is most likely to be the target of his violence?

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

Question 31

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 32

According to research, 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 33

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) All voluntary patients believe they would have been involuntarily committed if they had not agreed to be hospitalized.

Question 34

Which of the following rights is not recognized in some states, however, 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 35

Available studies suggest that about _____ percent of admissions to inpatient psychiatric facilities in the United States are involuntary.

A) 10
B) 25
C) 50
D) 2

Question 36

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 37

Some research suggests that _____ problems could be strong predictors of violent behavior.

A) avoidant behavior
B) substance use
C) depersonalization
D) anxiety disorder

Question 38

_____ 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 39

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 40

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

A) Most often clinicians pressure patients who initially refused treatment, to accept it.
B) Judges tend to be particularly sympathetic in their rulings on patients' rights to refuse treatment.
C) It is most often the families that refuse treatment for the patients.
D) Due to the patients' rights movement, refusals are respected.

Question 41

The insanity defense:

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

Question 42

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

A) her crime was not a result of a mental illness or disorder.
B) she did not know that what she was doing was wrong at the time of the crime.
C) she lacked substantial capacity to appreciate the wrongfulness of her crime at the time of the crime.
D) her crime was an act of defense to protect her children.

Question 43

The term "insanity" is a:

A) psychological term as opposed to a legal 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

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 45

Which of the following did Dan White's lawyers claim influenced his act of passion that resulted in the death of his victims?

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

Question 46

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 60 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 47

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; European American
D) female; European American

Question 48

The insanity defense:

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

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

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) Those with schizophrenia are exempt from being referred for competence evaluation.
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 51

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

A) the definition of innocence.
B) the definition of a guilty mind.
C) the definition of the state of mind.
D) the definition of a disease of the mind.

Question 52

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

A) refers to the social context within which the crime was committed.
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) refers to the impulse to commit a crime due to mental disease.

Question 53

Rhonda takes her three daughters to the bridge and pushes them over the railing into the cold water below. She tells her lawyer that God told her to do it if 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 54

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 allowed his or her right to refuse to treatment.
D) is not likely to be committed under the grave disability criterion.

Question 55

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

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

Question 56

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) American Law Institute (ALI) rule

Question 57

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 is likely to be:

A) referred for competence evaluation.
B) mentally competent for trial.
C) not guilty by reason of insanity.
D) guilty by reason of insanity.

Question 58

The police have charged Tracy with first-degree murder. At the time of trial that takes place six months after the murder, she suffers from posttraumatic stress disorder because of which she is unable to understand the charges against her 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) not guilty due to mental illness.

Question 59

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 60

Ivor, who was charged for theft, 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 stay at a mental hospital, Ivor will be institutionalized for _____.

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

Question 61

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 ruling is his plea likely to be dismissed?

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

Question 62

_____ 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 63

A problem associated with the M'Naghten rule is that:

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 recognizes both psychoses and other minor disorders, such as depression and posttraumatic stress disorder, equally as diseases of the mind that could influence a crime.
D) it acts as a means by which guilty people "get off," thereby promoting antisocial behaviors among members of society.

Question 64

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

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

Question 65

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

A) M'Naghten
B) Durham
C) irresistible impulse
D) American Law Institute (ALI)

Question 66

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) American Law Institute (ALI)
B) Durham
C) irresistible impulse
D) M'Naghten

Question 67

Ralph is a repeat offender and has been arrested several times for armed robbery. Other than his repetitive criminal acts, he does not have a mental illness. 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 American Law Institute (ALI) rule
D) The Insanity Defense Reform Act

Question 68

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 69

The ruling in Durham v. United States (1954) established:

A) that a murder committed as an act of self-defense will not be considered a crime.
B) the duty of clinicians to warn the police or others of a harmful act that their clients expressed to commit.
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.

Question 70

In a sixth and most recent reform of the insanity defense, some states have adopted as an alternative to the verdict "not guilty by reason of insanity" the verdict of _____.

A) guilty but mentally ill
B) intention to commit a crime
C) irresistible impulse rule
D) diminished capacity

Question 71

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 72

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 73

Jeffrey suffered from psychosis with symptoms of hallucination. 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 most likely the result of the _____.

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

Question 74

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 75

Which of the following types of insanity defense was dropped by all jurisdictions by the early 1970s?

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

Question 76

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 77

The ruling in Barrett v. United States (1977) 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 78

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

A) Durham rule
B) American Law Institute (ALI) rule
C) irresistible impulse rule
D) M'Naghten rule

Question 79

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

Question 80

The notion of diminished capacity to abstain from performing an act refers to being:

A) mentally ill, or legally insane, at the time the crime was committed.
B) intellectually disabled 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.