Deck 18: Mental Health and the Law

Question 1

One limitation placed on expert witnesses is that

A)testimony can only be given by psychiatrists or medical doctors.
B)only neutral witnesses can be used,and they must be appointed by the judge in a trial.
C)expert testimony is limited to opinion based on established science.
D)expert witnesses must not be paid.

Answer 1

expert testimony is limited to opinion based on established science.

Question 2

American psychiatrist Thomas Szasz has taken the somewhat radical position that

A)even people who commit serious crimes should not be imprisoned if they are suffering from a mental disorder.
B)that everyone who commits a crime is mentally ill to some degree.
C)even people who are seriously mentally ill should still be held responsible for their behavior.
D)that all criminals should be allowed access to psychiatric treatment.

Answer 2

even people who are seriously mentally ill should still be held responsible for their behavior.

Question 3

In England,the M'Naghten rule

A)still applies but is used in only a handful of cases every year.
B)still applies and is used in a much greater percentage of cases than it is used in similar defenses in the United States.
C)has been changed to "not criminally responsible due to mental illness" and is used very sparingly.
D)has been changed to "not criminally responsible due to mental illness" and is attempted quite frequently,but not successfully.

Answer 3

still applies but is used in only a handful of cases every year.

Question 4

In the United States,only about 1 percent of those charged with a crime attempt a defense of not guilty by reason of insanity (NGRI).Of those,approximately ________ percent are successful.

A)10
B)15
C)25
D)55

Question 5

In most cases of a successful defense based on not guilty by reason of insanity,the defendant spends some time in a mental health facility after the verdict.The time spent in a mental health facility is

A)generally shorter than a prison sentence would have been.
B)somewhat longer than a prison sentence would have been.
C)on average the same as a prison sentence would have been.
D)significantly longer than a prison sentence would have been.

Question 6

Last year Leslie shot and killed her husband after years of abuse.She has rejected a plea bargain and is ready for trial.Her defense attorney is going to call experts on the battered woman syndrome.What question will the prosecution want to ask the experts on the battered woman syndrome?

A)"Which DSM diagnosis best fits the defendant and her behavior?"
B)"How can you distinguish dissociation from the battered woman syndrome?"
C)"Why does the defendant have complete recall for the events surrounding the killing?"
D)"How can someone who is suffering from learned helplessness bring herself to kill?"

Question 7

What was the major change contained in the Insanity Defense Reform Act?

A)The defense was required to prove insanity on the part of the defendant.
B)The prosecution was now required to prove the defendant was not insane.
C)The court took on the task of proving whether a mental illness existed or not.
D)The definition of insanity was left up to the individual states.

Question 8

The legal concept of ________ reflects the idea that people act out of free will and are accountable for their actions when they violate the law.

A)mens rea
B)innocent until proven guilty
C)criminal responsibility
D)individual responsibility

Question 9

For more than eight years,Marilyn's husband has subjected her to physical and psychological abuse.As a result,she has been treated in the emergency room more than 10 times for a variety of injuries from bruises to broken bones.Each time she is abused,her husband begs for forgiveness.Finally,one night she takes his gun and shoots him as he is sleeping.She is charged with murder.Which of the following is a defense that has been used more often in cases like Marilyn's?

A)the battered woman syndrome
B)temporary insanity
C)guilty but mentally ill
D)self-defense

Question 10

In U.S.law,________ is an exception to the concept of criminal responsibility.

A)insanity
B)mental illness
C)determinism
D)free will

Question 11

The mental disorder defense was codified in 1843,after _______was found not guilty by reason of insanity.

A)Freud
B)Hinckley
C)M'Naghten
D)Conan-Doyle

Question 12

Harry Jenkins has pled "not guilty by reason of insanity." The state where Harry is being tried uses the M'Naghten test of insanity.What question will the judge use when instructing the jury on the basis of their decision in this case?

A)Did the defendant know right from wrong?
B)Did the defendant experience an irresistible impulse?
C)Does the defendant have the burden of proving insanity?
D)Did the defendant show behavior that was the product of mental illness?

Question 13

Another attempt to reform the insanity defense is known as

A)not guilty due to mental illness.
B)guilty but mentally ill.
C)guilty but insane.
D)not guilty due to mental mitigation.

Question 14

Which of the following statements is true of research into the battered woman syndrome?

A)Scientific evidence supporting the syndrome is weak to nonexistent.
B)The researchers who discovered the syndrome are responsible for saving hundreds of lives.
C)Scientific evidence supporting the syndrome has been growing over the past 25 years.
D)Research shows that the syndrome depends on the presence of dissociation.

Question 15

What was the basis for the irresistible impulse test first used in the late nineteenth century?

A)the legal assumption that everyone knows right from wrong
B)the finding that the M'Naghten test was too broad
C)the finding that even though some people intellectually know that their behavior is illegal,they still can't control their behavior
D)the observation that some diagnoses are based on evidence of criminal behavior

Question 16

Your textbook presents the case of John Hinckley,who,in 1981,tried to kill Ronald Reagan,the President of the United States.Hinckley had a history of odd behavior and was subsequently found not guilty by reason of insanity.As a result,

A)Hinckley was released.
B)federal laws regarding the burden of proof and the definition of insanity were changed.
C)Hinckley was released but required to have a secret service agent with him at all times.
D)Hinckley was confined to a mental hospital with no chance of release.

Question 17

A defense attorney making use of the conditions of the American Law Institute model legislation on the insanity defense would have to provide evidence that her client

A)was mentally ill at the time of his offense.
B)lacked substantial capacity to appreciate the criminality [wrongfulness] of his offense.
C)lacked a knowledge of the law that he is accused of due to his mental illness.
D)demonstrated substantial capacity to control his actions.

Question 18

A 1954 ruling by a Washington D.C.federal court in Durham v.United States broadened the insanity defense to say that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or defect.This came to be known as the __________ test.

A)mental illness
B)D.C.
C)Durham
D)product

Question 19

The legal definition of insanity is

A)not the same as the psychological definition of mental illness.
B)essentially the same as the psychological definition of mental illness.
C)a requirement that must be met prior to voluntary commitment.
D)that a person who is insane is legally responsible for his or her actions.

Question 20

A psychologist is hired by the defense in a case involving the issue of not guilty by reason of insanity.Based on changes resulting from the Hinckley case and the Insanity Defense Reform Act of 1984,it is likely that the thrust of the psychologist's testimony would be in support of the defendant's

A)inability to stand trial due to her mental illness.
B)inability to appreciate the nature and quality or wrongfulness of her behavior due to her mental illness.
C)right to treatment versus imprisonment due to her mental illness.
D)inability to discuss the nature of her offense with her attorney due to her mental illness.

Question 21

Professional,clinical predictions that an individual patient will behave violently are correct approximately ________ percent of the time.

A)10
B)25
C)33
D)50

Question 22

What is a base rate?

A)how frequently an event occurs in a population
B)the number of guesses made about the event
C)the accuracy of predictions about the event in the past
D)the amount of information available to make a prediction

Question 23

Which of the following is most likely to result in an individual being ruled incompetent to stand trial?

A)The accused is diagnosed with a psychotic disorder.
B)The crime was so abhorrent that a trial is not necessary.
C)The accused does not have enough money for a lawyer.
D)The accused is unable to communicate with counsel because of brain damage.

Question 24

________ is defined this way: "The test must be whether he [the defendant] has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and a rational as well as factual understanding of proceedings against him."

A)Sanity
B)Rationality
C)Competence
D)Innocence

Question 25

Dr.Davis has incorrectly hospitalized someone who is not dangerous.Dr.Eliot has incorrectly released someone from the hospital who is,in fact,still dangerous.Dr.Davis has made a ___________ error,while Dr.Eliot has made a __________ error.

A)justifiable / unjustifiable
B)unjustifiable / justifiable
C)false positive / false negative
D)false negative / false positive

Question 26

In Kansas v.Hendricks,the Supreme Court ruled the Kansas sexual predator law to be

A)unconstitutional because the continued confinement constituted "double jeopardy."
B)constitutional because the confinement did not constitute punishment.
C)unconstitutional because the confinement was "cruel and unusual."
D)constitutional because the law punishes sexual predators.

Question 27

In all death penalty cases,________ must be conducted,which include an assessment for mental disorders.

A)judicial reviews
B)mitigation evaluations
C)compassionate reprieves
D)psychiatric diagnoses

Question 28

The philosophy of parens patriae holds that the government has a humanitarian responsibility to

A)care for society's weaker members.
B)keep the mentally ill from having children.
C)reimburse family members who care for the mentally ill.
D)protect society at large from the mentally ill.

Question 29

When Supreme Court Justice Blackmun heard that the prediction of violence is wrong two out of three times,he concluded that predicting violence using a coin flip would be more accurate.Why was he wrong?

A)The specificity of a coin flip is above 50 percent.
B)The sensitivity of a coin flip is above 50 percent.
C)The base rate of violence is much lower than 50 percent.
D)The coin flip is random,not based on clinical judgment.

Question 30

Which of the following individuals is more likely to commit acts of violence than the others?

A)a man with schizophrenia
B)a woman with major depression
C)a man or woman with bipolar disorder
D)a man or woman who abuses drugs and alcohol

Question 31

U.S.law prohibits confining people for crimes they might commit in the future except in the case of

A)civil commitment.
B)mental health commitment.
C)mental retardation.
D)psychopaths.

Question 32

Approximately ___ percent of the mentally disturbed have no history of violence.

A)10
B)20
C)50
D)90

Question 33

The discovery of antipsychotic drugs in the 1950s paired with the _________ lead to mental patients being released from care.

A)drop in the crime rate across the United States
B)increase in the populations of mental health institutions
C)increase in the number of mental patients now eligible for the death penalty
D)the deinstitutionalization movement

Question 34

While the grounds for civil commitment vary from state to state,there is some commonality.Which of the following is one of the generally accepted grounds for involuntary hospitalization?

A)ability to care for oneself
B)having no friends or family
C)dangerousness to others
D)hearing voices

Question 35

Today,the emergency commitment procedures in most states allow an acutely disturbed individual to be confined to

A)jail for a few days.
B)a mental hospital for a few days.
C)jail until the person agrees to be treated.
D)a mental hospital until treatment is finished.

Question 36

If a defendant is determined to be incompetent,legal proceedings

A)are suspended until they can be understood by the defendant.
B)are suspended until the defendant is found competent,for up to the maximum length of a jail sentence he could receive if he is found guilty.
C)continue,but the defendant is precluded from testifying in his/her own behalf.
D)continue,but a lesser sentence is imposed than would be imposed for a competent defendant.

Question 37

At what stage of criminal proceedings may the issue of competence be raised?

A)while the defendant is being read her/his Miranda Rights
B)prior to the preliminary hearing
C)prior to the sentencing phase of a trial
D)at many stages in the legal process

Question 38

Most states provide for two types of civil commitment procedures: emergency and

A)psychological.
B)legal.
C)procedural.
D)formal.

Question 39

In the landmark case of Atkins v.Virginia (2002),the U.S.Supreme Court ruled-consistent with laws already in effect in many states-that

A)schizophrenia is a mitigating factor that makes the death penalty unconstitutional.
B)schizophrenia is not a mitigating factor that makes the death penalty unconstitutional.
C)intellectual disability is a mitigating factor that makes the death penalty unconstitutional.
D)intellectual disability is not a mitigating factor that makes the death penalty unconstitutional.

Question 40

The civil commitment of people who are dangerous to others is justified by

A)the state's authority to supervise minors and physically incapacitated adults.
B)the state's duty to protect public safety,health,and welfare.
C)police powers belonging to the people.
D)the need to care for mentally disordered people.

Question 41

What is the general conclusion concerning making predictions of future violence?

A)Clinical judgment is better than chance.
B)Clinical judgment is equivalent to flipping coins.
C)The number of false positives is unaffected by the base rate.
D)Such predictions should be made by individuals with experience in police work.

Question 42

What is the most important issue about the patient's right to be treated in the least restrictive environment alternative?

A)Less restrictive environments are often not available.
B)Treatment in these settings is usually prohibitively expensive.
C)Insurance companies will not pay the expenses for alternative treatments.
D)Treatment in a less restrictive environment is usually less effective.

Question 43

About ________ percent of children in the United States today will experience a divorce in their family.

A)10
B)20
C)40
D)60

Question 44

Individuals can use a legal procedure called ________ to list their preferences for treatment should they be found mentally ill in the future.

A)sanity wills
B)advance psychiatric directives
C)treatment contracts
D)community mental health directives

Question 45

While there may have been some benefits to the deinstitutionalization of mental patients,one serious problem that has resulted is reflected in the report of a 1986 study that found ________ percent of homeless individuals were in need of mental health services.

A)13
B)31
C)57
D)90

Question 46

Which of the following rights for mental patients was established by the Wyatt v.Stickney decision?

A)standardized treatment plans
B)adequate medication
C)humane conditions
D)treatment by medical doctors only

Question 47

The base rate of the actual occurrence of serious violence is ________ percent.

A)1
B)3
C)9
D)27

Question 48

While the number of reports of child abuse have increased from around 669,000 in 1976 to well over 3 million in 2009,how many reports of abuse are found to be unsubstantiated?

A)almost one half
B)up to 25 percent
C)practically none
D)more than two-thirds

Question 49

In contrast to mental health law,virtually all of family law is based on the principal of

A)protecting the community.
B)parens patriae.
C)the revolving door.
D)deinstitutionalization.

Question 50

A newer,more assertive approach to treating patients who lack insight is court-ordered mandatory treatment in the community rather than in the hospital.This is known as

A)deinstitutionalized commitment.
B)outpatient treatment.
C)community commitment.
D)outpatient commitment.

Question 51

"Rotting with their rights on" refers to one problem with

A)deinstitutionalization.
B)institutionalization.
C)community commitment.
D)mandatory jail terms.

Question 52

In reviewing hospital security tapes,several parents are observed trying to do physical harm to their children.These parents may be diagnosed with ________,a rare mental disorder in which parents fabricate or induce illness or injury in their children.

A)child abuse syndrome
B)schizophrenia
C)psychopathy
D)Munchausen-by-proxy syndrome

Question 53

What is one of the reasons that deinstitutionalization has not worked as well as its proponents had hoped?

A)Patients end up staying in the hospital for a longer period of time.
B)There are not enough hospital beds.
C)The needed numbers of Community Mental Health Centers were never built.
D)There are no effective community-based treatment models.

Question 54

In 1962,Henry Kempe focused public attention on a family problem that had not previously received much attention.Kempe called the problem

A)mentally disordered families.
B)post traumatic stress disorder.
C)the "refrigerator mother syndrome"
D)the "battered child syndrome."

Question 55

The most commonly reported form of child abuse is ________,which places children at risk for physical or psychological harm by failing to provide basic and expected care.

A)physical child abuse
B)child neglect
C)emotional abuse
D)harm by omission

Question 56

The accuracy of predictions of violence is better when the focus is on

A)violence against others.
B)violence against oneself.
C)imminent violence.
D)violence that may occur over the long term.

Question 57

Legal custody refers to

A)where the child lives at which time.
B)foster care placement of abused children.
C)convincing a judge that one is a fit parent.
D)how the parents will make decisions about their child's life.

Question 58

A neutral third party who helps partners in divorce decisions is a(n)

A)mediator.
B)unbiased lawyer.
C)facilitator.
D)family counselor.

Question 59

A mental patient involuntarily admitted to a mental hospital may refuse treatment if he or she

A)can provide a good reason.
B)is willing to post a bond.
C)doesn't agree that he or she is mentally ill
D)is competent to give informed consent.

Question 60

The deinstitutionalization movement was based on the philosophy that the mentally ill

A)should be hospitalized if they are homeless.
B)should be placed in private,not public,hospitals.
C)need to be hospitalized under more humane conditions.
D)can be better served in the community rather than in hospitals.

Question 61

Using legal proceedings to confine an individual to a mental health facility against his will is known as _________ commitment.

Question 62

The 1843 M'Naghten decision was the beginning of the __________ defense in Western law.

Question 63

Children taken from their family homes can be adopted only if

A)both parents are deceased.
B)the parents are divorced.
C)the child has been abused.
D)parental rights have been terminated.

Question 64

The question of a patient's right and ability to refuse treatment often turns on the issue of __________.

Question 65

Each year,more than 100,000 children are placed in ________,where they live temporarily with another family.

A)group homes
B)short-term adoptions
C)foster care
D)protective custody

Question 66

The legal definition of insanity is not the same as the scientific definition of __________.

Question 67

Your client has just admitted to you that she intends to run her car into her ex-husband's house,hopefully as he answers the door.As a result of which court decision are you now required to warn him of her intent?

A)Megan
B)California
C)Tarasoff
D)Mendonza

Question 68

The case of Lake v.Cameron established a patient's right to treatment in ________ environment.

Question 69

You are a psychotherapist practicing in San Francisco.You are concerned because a patient has just expressed a fairly detailed plan to kidnap,mutilate,and kill a coworker.Under California law,you have a duty to _______ the potential victim,which may include actions like hospitalizing the potentially dangerous patient.

A)warn
B)protect
C)notify
D)inform

Question 70

A defendant's ability to understand the legal proceedings that are taking place against him and to participate in his own defense defines the concept of __________.

Question 71

As a therapist,you are obliged to maintain confidentiality because you have an ethical obligation not to reveal a patient's private communication during therapy.What is an exception to this rule?

A)hiding assets during a divorce
B)anger toward others
C)suspected illegal activity
D)suspected cases of child abuse

Question 72

A new legal device that addresses the issue of treatment for patients who lack insight yet who are eligible for release into the community is ________.

Question 73

The __________ syndrome is a term coined by the psychologist Lenore Walker to describe her observations about the psychological effects of chronic abuse.

Question 74

A dilemma for mental health professionals involves whether they should tell their clients that they must break confidentiality in cases of

A)child abuse.
B)plans for divorce.
C)repressed memories.
D)tax evasion.

Question 75

In Osheroff vs.Chestnut Lodge,Dr.Osheroff successfully sued Chestnut Lodge for a variety of reasons,including:

A)failure to offer him informed consent about treatment alternatives.
B)the refusal to allow him to prescribe off-label medications to his patients.
C)that the hospital's provided treatment was not consistent with the type of theoretical orientation it advertised.
D)that he was subjected to electroshock therapy without his consent.

Question 76

The legal case of Tarasoff v.Regents of the University of California (1976)established that therapists must

A)refrain from having sex with their clients.
B)report suspected cases of child abuse.
C)notify police of a patient's imminent suicide attempt.
D)warn potential victims of a patient's intent to harm them.

Question 77

Two of the most common reasons for malpractice claims against mental health professionals are

A)inappropriate use of medication and sexual harassment.
B)inappropriate use of medication and negligent treatment.
C)negligent treatment and involuntary hypnosis.
D)sexual relations between therapist and client and financial fraud.

Question 78

Criminal law assumes that human behavior is the product of __________.

Question 79

Mental health professionals operate under an assumption of __________,the perspective that human behavior is determined by biological,psychological,and social forces.

Question 80

Subsequent California court decisions have extended the Tarasoff decision to the duty to

A)warn.
B)protect.
C)inform.
D)involve.