Question 1

Discuss three distinct criticisms of the insanity defense.

Accepted Answer

1. Lack of scientific basis: One criticism of the insanity defense is that it lacks a clear and consistent scientific basis. The criteria for determining insanity can vary widely from jurisdiction to jurisdiction, and there is no universally accepted standard for what constitutes legal insanity. This lack of scientific clarity can lead to inconsistent and arbitrary outcomes in insanity defense cases.

2. Potential for abuse: Another criticism of the insanity defense is that it can be easily abused by defendants seeking to avoid criminal responsibility for their actions. Some argue that defendants may exaggerate or fabricate mental illness in order to escape punishment, and that the insanity defense can be used as a loophole to evade justice.

3. Stigmatization of mental illness: Finally, the insanity defense has been criticized for perpetuating negative stereotypes and stigmatization of mental illness. Some argue that the use of the insanity defense reinforces the idea that people with mental illness are inherently dangerous or unpredictable, and that it can contribute to the marginalization of individuals with mental health conditions.

These criticisms highlight some of the challenges and controversies surrounding the insanity defense, and they have led to ongoing debates about its use and effectiveness in the criminal justice system.

Question 2

Define criminal commitment. How do the two forms of criminal commitment discussed in the text differ?

Accepted Answer

Criminal commitment refers to the legal process by which individuals are detained in a mental health facility because they have been accused of committing a crime and are found to be unable to participate in their defense due to mental illness, or they have been found not guilty by reason of insanity. The two forms of criminal commitment typically discussed are:

1. Competency to Stand Trial (CST) or Fitness to Plead:
This form of criminal commitment occurs when there is a question about a defendant's mental state at the time of the legal proceedings, not at the time the crime was committed. If a defendant is found to be incompetent to stand trial, they are unable to understand the charges against them, cannot effectively communicate with their attorney, or are unable to comprehend the court proceedings. In such cases, the individual is committed to a mental health facility until they can be restored to competency, at which point they can participate in their defense and the trial can proceed.

2. Not Guilty by Reason of Insanity (NGRI):
This form of criminal commitment applies to individuals who, at the time of their crime, were suffering from a severe mental disorder that impaired their ability to understand the nature of their actions or to distinguish right from wrong. If a defendant is found NGRI, they are not held criminally responsible for their actions due to their mental state at the time of the offense. Instead of being sent to prison, they are committed to a mental health facility for treatment. The length of their commitment can vary and is often indeterminate, lasting until the individual is deemed no longer a threat to themselves or society.

The primary difference between these two forms of criminal commitment lies in the timing and purpose of the evaluation:

- CST focuses on the defendant's current mental state and their ability to engage with the legal process. The goal is to determine if they can be made competent to stand trial.
- NGRI addresses the defendant's mental state at the time of the crime and whether they can be held responsible for their actions. The goal is to provide treatment and protect society from individuals who may be dangerous due to their mental illness.

Both forms of criminal commitment involve a complex interplay of legal and mental health assessments and have significant implications for the rights of the accused, the safety of the public, and the administration of justice.

Question 3

Imagine that you are a defense attorney arguing against civil commitment for your client. Based on text material, describe three different reasons you could give the judge for not committing your client.

Accepted Answer

First, I would argue that my client does not meet the criteria for civil commitment. In order to be committed, a person must be found to be a danger to themselves or others due to a mental illness. I would present evidence that my client does not pose a significant risk to themselves or others, and that their mental illness does not meet the threshold for commitment.

Secondly, I would argue that there are less restrictive alternatives to civil commitment that would be more appropriate for my client. This could include outpatient treatment, therapy, or medication management. I would present evidence that my client is willing and able to participate in these alternative forms of treatment, and that they do not require the level of restriction and loss of autonomy that comes with civil commitment.

Finally, I would argue that civil commitment is not in the best interest of my client. I would present evidence that the negative effects of civil commitment, such as stigmatization and loss of rights, would outweigh any potential benefits. I would also argue that my client has a support system in place that can help them manage their mental illness without the need for civil commitment.

Question 4

Generally, people can be committed to a mental hospital against their will if a judgment is made that they are mentally ill and gravely disabled. If no criminal act is involved, the procedure is called _____.

Accepted Answer

The answer of Generally, people can be committed to a...

Question 5

Dan White, who killed two prominent San Francisco politicians in 1978, pleaded a version of the insanity defense that portrayed his mental instability as an extenuating circumstance. This is called pleading guilty with _____ capacity.

Accepted Answer

The answer of Dan White, who killed two prominent San...

Question 6

The requirement that a person must be able to know right from wrong to be convicted of a crime is known as the _____.

Accepted Answer

The answer of The requirement that a person must be...

Question 7

List and briefly explain the seven major points in the American Psychological Association's code of ethics for mental health professionals as they apply to clinical work. What is the overall objective of a code of ethics?

Accepted Answer

The answer of List and briefly explain the seven major...

Question 8

The idea that a person was not guilty by reason of insanity if the unlawful act was the product of a mental disease or mental defect was based on the _____.

Accepted Answer

The answer of The idea that a person was not...

Question 9

A person who is found to be mentally unstable either at the time of the crime or at the time of the trial is generally sent to an institution for treatment in a process called _____.

Accepted Answer

The answer of A person who is found to be...

Question 10

Using research to support your answers, describe whether mental disorders may or may not be a risk factor for violence. Then, discuss the challenges in predicting who will commit violent acts.

Accepted Answer

The answer of Using research to support your answers, describe...

Question 11

In a landmark court case, _____, a federal court ruled that the state was constitutionally obligated to provide therapy for individuals who had been civilly committed. This case supported the individual's right to treatment.

Accepted Answer

The answer of In a landmark court case, _____, a...

Question 12

How does criminal commitment differ from civil commitment?

Accepted Answer

The answer of How does criminal commitment differ from civil...

Question 13

Explain the verdict of not guilty by reason of insanity based on the M'Naghten rule, irresistible impulse test, Durham test, and American Law Institute test. Give an example of a case in which each may be applied. (The case may be fictional.)

Accepted Answer

The answer of Explain the verdict of not guilty by...

Question 14

Dissatisfaction with the M'Naghten rule led to another interpretation that focused on whether the defendant was able to control his or her actions. This was known as the _____ test.

Accepted Answer

The answer of Dissatisfaction with the M'Naghten rule led to...

Question 15

Today the MOST frequent diagnosis of defendants who are acquitted of a crime by reason of insanity is _____.

Accepted Answer

The answer of Today the MOST frequent diagnosis of defendants...

Question 16

An employer wants to address the high level of stress employees are reporting. Discuss two types of mental health services that would be appropriate in a workplace situation and briefly describe both.

Accepted Answer

The answer of An employer wants to address the high...

Question 17

A patient in a state mental hospital does not want to receive electroconvulsive therapy (ECT). This reflects the patient's right to _____.

Accepted Answer

The answer of A patient in a state mental hospital...

Question 18

Based on law established and interpreted by the U.S. Supreme Court, list the major rights to treatment that people committed to mental institutions have.

Accepted Answer

The answer of Based on law established and interpreted by...

Question 19

What other verdicts are available to a defendant other than not guilty by reason of insanity?

Accepted Answer

The answer of What other verdicts are available to a...

Question 20

One criticism of civil commitment procedures of people with mental disorders centers around the accuracy of the assessment of their _____.

Accepted Answer

The answer of One criticism of civil commitment procedures of...

Quiz 19: Law, Society, and the Mental Health Profession