Psychiatric Injury Law Commission Report

Before PTSD became an official diagnosis, various other traumatic stress syndromes such as dissociative flashbacks and survivor guilt were used as criminal defenses for both violent/nonviolent crimes as well as a basis for successful insanity defenses. Initially PTSD raised concerns about its potential misuse in criminal courts, however, there were certain incidences where PTSD was found to be a legitimate phenomenon. Case in point, New Jersey v Cocuzza (1981). In this case, the defendant was a Vietnam veteran who was found not guilty for reason of insanity when he assaulted a police officer. Mr. Cocuzza’s defense was that at the time of the incident, he believed that he was attacking enemy soldiers. His claims were supported by the officer when he testified that Mr. Cocuzza was holding a stick as if it were a rifle.

Identifying PTSD in Clients with Psychotic Disorders Trauma, a severely distressing or disturbing experience, can lead to Posttraumatic Stress Disorder (PTSD), which is a type of anxiety disorder that results from experiencing extremely emotional trauma or situation in which the individual felt at risk of injury or death. According to Putts (2014), both trauma and PTSD are going unrecognized in clients experiencing psychotic disorders such as schizophrenia, bipolar disorder, and major depressive disorders although a majority of clients diagnosed with psychotic disorders experience symptoms that meet the criteria for PTSD (p. 83). Putts (2014) believes the phenomenon could be a result of the challenge a clients in a psychotic state presents

This problem question is about claiming for damages due to psychiatric harm. It involves questions regarding primary victims, secondary victims, and special duties problems. Annie: Annie who suffered from uncontrollable grief after being her dead husbands body would most likely not be able to successfully sue for damages. In Hinz

“Everyone has an important role to play in achieving healthcare rights and contributing to safe, high quality care. Genuine partnerships between those families and carers of people receiving care and those providing it lead to the best possible outcomes.” (Western NSW Local Health District 2012).

Mental Health Court Mental Health Court 2013 By: Elizabeth Gavin Professor Contino Class: Corrections One 9/17/2013 2013 By: Elizabeth Gavin Professor Contino Class: Corrections One 9/17/2013 Mental health courts are a resource given to prisoners who would normally be put in prison if they had not decided to join this special program. Mental health court is a court run program by the district attorney’s office in some counties. This program is based off of traditional court room structure but is also paired with community services. Mental health courts solve a lot of different problems within our criminal justice system. The first problem it solves is the

Over the past thirty years, there has been a 500% increase in the U.S incarceration rate. (The Sentencing project, 2014) Advances in medicine, such as the discovery of psychoactive drugs, led to the deinstitutionalization of mentally ill patients from psychiatric hospitals. With a long record of horrific abuse,

Vulnerability of the Mentally Ill Eva Morris American Sentinel University Vulnerability of the Mentally Ill Evaluation and treatment of the mentally ill population has developed from confinement of the mad during colonial times, into the biomedical balancing of neurological impairment seen in these modern times. There were eras of mental health reform, medicalization, and deinstitutionalization sandwiched in between (Nies & McEwen, 2011). Regardless of the stage of understanding and development, communities have not been completely successful in dealing with and treating persons who are mentally unwell. Fortunately, treatment has become more compassionate; social and professional attitudes have morphed into more humanistic and

Canadian Law Research Assignment It has long been acknowledged that an offender who as a result to mental disorder, is incapable of understanding the nature and quality of a criminal act, or of recognizing that it was wrong, should not be convicted. Bill C-54 the Not Criminally Responsible Reform Act deals with the accused who has been found Criminally Responsible because of mental disorder. Not Criminally Responsible (NCR) is defined in Section 16 of the Canadian Criminal Code, stating that if someone is deemed NCR he or she cannot be held accountable for the offence they’ve committed, merely if at that time they were suffering through a mental disorder. The Bill will enact three main factors which will affect the mental disorder regime

Individuals with a mental illness enter a mental health court as it reduces the number of clients with mental illnesses in the criminal justice system, reduces stigma and stereotypical judgement in court, and reduces the number of clients with mental illnesses in prisons and jails. Although the judge does sentence the client, the client does still retain rights: The right to refuse treatments, the right to proper care and documentation, the right to be informed of all available medical treatments, and most importantly, the right to be treated with dignity as a human being. The court demonstrated that the client’s rights were addressed by offering the client the opportunity to voice his concerns, and by acknowledging his views on his condition. Even though the client did not think he needed help, the nurse and case manager were concerned about his hallucination, eating patterns, and lack of stability. They did not believe that an outpatient setting would work for this client as he was not stable, did not have clear insight, and retained a lack of resources. Barrier to care, for the mental health in general, include: lack of resource, knowledge deficits, stigma, financial barriers, and lack of mental health care professionals. Overall, this experience offered me to opportunity to perceive how a Mental Health Court functions and differs from the traditional court room, in relation to client goals,

Mental Health Court Observation The stigma of mental illness creates a barrier for those who need treatment. Over the years, cases dealing with mentally ill persons involved with the criminal justice system have been prevalent. The cycle of courtrooms, prisons, and jails dealing with these individuals proved to be costly and an ineffective use of these resources (Docgurley, 2011). As a result, mental health courts have been established. This is essentially a therapeutic place where the focus is less on the crime and punishment and more on helping the client, which is usually in lieu of a jail or prison sentence. Particularly in this setting, it is important to understand the process of court proceedings, how client rights are protected, the importance of client safety and welfare, the gaps in services, and the course of involuntary treatment.

Although the idea of the “insanity defense” is state mandated and not federally acknowledged, it has drastically shifted overall throughout the course of time. The primary debate has now shifted from the sole focus on “insanity defense” to the idea of the death penalty and how it should be addressed in cases of serious mental illness or disabilities. Each state has specific laws surrounding all aspects of mental illness and how that should relate to the severity of the charges. “Currently in the United States, forensic mental-health professionals (psychiatrists, social workers, and psychologists) conduct the determination of whether the defendant fits the Black’s Law Dictionary definition of insanity at the time of the crime” (Richie et al, 2014). On the other hand, forensic psychologists who administer these assessments associated with determining legal proceeding must also place emphasis on adhering to the Code of Ethics. This could mean the psychologist needs to place emphasis on several areas when determining the adequate outcome. Legally, they have policies, questions, and parameters that the psychologist must adhere to but there is also the possibility of professional biases and errors.

Many times women and men participate in actions that are against the law. These people are sent to prison or sent to behavioral centers in order to serve their time for the crime committed. There are mental health case courts or regular courts that get to decide where the defendant will be placed for committing a crime. After watching videos on mental health courts, I will discuss what happened, how I felt about it, and what I learned from the videos.

Chapter 15 Summary: Involuntary Psychiatric Commitment Many ethical issues surround the involuntary psychiatric commitment of mentally ill patients. In the 1980s, the city of Manhattan was overwhelmed by the surplus of mentally unstable and homeless individuals residing on the streets. In an effort to help relieve the burden on the city, Project Help was created to provide assistance to the needy. Joyce Brown, a 40-year-old homeless woman, slept outside of an ice cream parlor for 18 months. Her appearance suggested that she was mentally unstable and in a state of constant self-neglect. Project Help forcibly admitted her to the emergency department of a local hospital and injected with antipsychotic drugs and tranquilizers. After being evaluated

The standard for the insanity defense arose in the British courts in 1834 when a woodturner named Daniel M’Naghten shot and killed the secretary of England’s Prime Minister. The insanity defense is a difficult, but occasionally successful defense system in a court of law. The law varies from state to

Introduction In Gregg v Scott, Mr. Malcolm Gregg (‘the claimant’), the House of Lords examined the law of negligence in the area of personal injury. In order for the claimant to have a successful claim in court, the onus to shifts to the claimant to demonstrate that a duty of care