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Encyclopedia of psychology, Vol. 5.

October 2012

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Discusses the development of mental heath law in United States and a litigated issue involving the rights of mental patients and criminal offenders to refuse treatment. (PsycINFO Database Record (c) 2012 APA, all rights reserved)

'I See What Is Right and Approve, But I Do What Is Wrong': Psychopathy and Punishment in the Context of Racial Bias in the Age of Neuroimaging

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Jan 2020

ResearchGate has not been able to resolve any references for this publication.

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First criminal penalty imposed for mammography act violations

March 1999 · FDA consumer

C Lewis

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Sociology of mental health law

January 1983 · Sociology and Social Research

Virginia Aldigé Hiday

Reviews the contributions of research on the sociology of mental health law to the understanding of the conditions and costs of various legal paths to social order, individual liberty, and mental health. It is argued that a focus on issues of legal effectiveness has led to the neglect of theory testing and development, and D. Black's (1972, 1976) theory of law is suggested as a guide to future ... [Show full abstract] research on mental health law phenomena. (5 ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)

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Ethical foundations of psychology

January 2012

Ethics codes are ultimately inadequate as a basis for ethical decision making; a more general philosophical model is needed. To provide an adequate conceptual grounding for such a model, in this chapter we set forth its philosophical basis and briefly examine the field of philosophical ethics. The core of philosophical ethics is normative ethics, which we outline along with an overview of its ... [Show full abstract] major theories. (PsycINFO Database Record (c) 2012 APA, all rights reserved)

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Taking the moral measure of mental capacity: Interpretation and implementation

January 2017 · Journal of Law and Medicine

G. Gillett

A new report on mental capacity and revisions to mental health law has highlighted the need to soften the hard-edged autonomy/rights framework of much legislation and its increasing encroachment into health law. Ethics allows us to introduce into this area moral perception and a sense of life as requiring sensitive attunement, awareness and responsiveness to the lives of others. That inflection ... [Show full abstract] of our reading of mental health law and provisions for impaired capacity and vulnerability makes the science of law a more natural science which takes nuanced account of the human predicament and its fragility in the face of ill-health in general and mental health in particular. Concepts such as supported and relational autonomy and the holding in being of individuals struggling to retain a sense of their own identity in a complex world of shifting relationships and power imbalances then becomes part of the pragmatic anthropological project in which our legislative interventions must aim to help and not hinder or disrupt our mutually interwoven journeys of self-formation and self-understanding.

Article

‘Obedience’ in the classroom

September 1983 · Journal of Accounting Education

Mark W. Dirsmith

The second general standard of the AICPA states “In all matters relating to the assignment, an independence in mental attitude is to be maintained by the auditor or auditors.” Despite assertions that the ultimate responsibility of independence rests with the individual auditor, emphasis is typically placed on the AICPA's code of ethics in the auditing classroom. But, does such an approach reflect ... [Show full abstract] and accentuate the ultimate moral responsibility of the individual? The purpose of this paper is to discuss the use of Milgram's film “Obedience,” which portrays a psychological experiment on response to authority, as a means of dramatizing the subtle nature of “mental independence” to auditing students.The paper describes the use of this film in auditing instruction and the corresponding response of students. Recommendations for effective administration of the film are offered.

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Minding Justice: Laws that Deprive People With Mental Disability of Life and Liberty

February 2006

Christopher Slobogin

The primary goal of this book is to advance new ways of thinking about laws that society uses to deprive people with mental disability of life and liberty, organized around three models of liberty deprivation: the punishment model, the prevention model, and the protection model. With respect to the punishment model, it argues for a complete revamping of the insanity defense, the abolition of the ... [Show full abstract] guilty but mentally ill verdict, and a prohibition on executing people with mental disability. In connection with the prevention model, it proposes a jurisprudence of dangerousness that would have significant implications for sex offenders and all other individuals subject to police power commitment, including terrorists. Finally, with respect to the protection model, it contends that the notion of incompetency needs rethinking, and suggests reforms that would change the law concerning the right to refuse treatment, competency to stand trial, and how courts deal with criminal defendants who disagree with their attorneys. As this brief listing indicates, the principles developed in this book apply not just to people with mental disability but to anyone subject to the criminal law, preventive detention, and involuntary treatment. This leads to the ironic meaning of the title Minding Justice. More so than in any other area of legal regulation, including matters having to do with race and gender, modern society has been unwilling to treat people with mental illness in a just manner; it has truly minded even thinking about their problems. In describing laws that deprive them of life and liberty, and in prescribing reforms of those laws, this book ultimately concludes that people with mental disability should generally be treated no differently than people who are not so labeled, a conclusion that stems in no small part from a desire to destigmatize this maltreated segment of society. The second half of the first chapter can be found at the link above. Comments on the book include: With penetrating analysis and startling originality, Slobogin examines the underpinnings of mental health law, cutting across both criminal and civil domains, to propose a provocative restructuring of legal doctrine. This extremely well-written book is a superb example of interdisciplinary scholarship, combining philosophical, legal, and clinical insights in a new synthesis. Bruce J. Winick, Unviersity of Miami. Slobogin's book is a tour de force on issues concerning interventions into the lives of those with mental illness. Elyn Saks, University of Southern California.

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Conformance to attorney performance standards : attorney advocacy behavior in a maximum security fac...

January 1970

Naomi. Leavitt

Thesis (Ph. D.)--Emory University, 1987. Director of this thesis, Dr. Martin M. Shapiro, Dept. of Psychology. Includes bibliographical references (leaves 149-156).

Article

General Principles of Criminal Law

December 1974 · JAMA The Journal of the American Medical Association

Angela Roddey Holder

PRIOR to examination of the specific procedures involved in criminal law, several basic philosophical principles that affect all the proceedings in a criminal case should be noted.Presumption of Innocence One basic assumption that is made at all stages of a criminal case is that the accused is presumed innocent until a verdict is given by a jury (or a judge in the case of a nonjury trial). While ... [Show full abstract] most persons charged with a criminal offense eventually plead guilty either to the offense as charged or to a lesser one, until such time as the final disposition of the case is made, the "accused" is just that; he is not a "criminal." This assumption is responsible for most of the constitutional guarantees regarding the rights of an accused. The founding fathers who wrote the Bill of Rights wished to ensure that the rights of persons accused were protected, and that

Chapter

Article 12 [Equal Recognition Before the Law]

February 2017

Mary Keys

The recognition of legal capacity in Article 12 lies at the core of the UN Convention on the Rights of Persons with Disabilities (CRPD) and is key to the full and equal enjoyment of all human rights by persons with disabilities. The importance of self-direction is at the core of Article 12 with a clear move away from substitute decision-making to a requirement for support for the person with ... [Show full abstract] disabilities to make decisions and realise his/her will and preferences. This central position is warranted, as it reflects the urgent need for reform of laws affecting millions of people denied control over their own decision-making, often in a continuous cycle of disempowerment. Consequently, many other fundamental rights, including the right to informed consent, essential for physical and mental integrity, are impacted, narrowing the scope of personal autonomy and of interdependent living. This is particularly evident in relation to the coercive impact of mental health laws when rights to informed consent to treatment are limited or non-existent. The European Court of Human Rights (ECtHR) considers the right to legal capacity as ‘at least equally important’ as the right to liberty, yet liberty has traditionally received much greater emphasis. The growing awareness of the negative impact of widespread denial of legal capacity resulting in serious intrusions on personal integrity has led to an increasing number of cases being litigated before the ECtHR and referenced in domestic level courts. The CRPD Committee has repeatedly said that States Parties must take action to replace systems of substitute decision-making with supported decision-making that respects the will and preference of the person.

Article

The criminal and civil rights of mental patients /

January 1970

David D. Cooksy

Thesis (M.A.)--San Diego State University. Includes bibliographical references (leaves [80]-82).

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A picture is worth less than a thousand words: Response to reviewers

January 1993 · School Psychology Quarterly

Responds to comments by J. A. Naglieri, A. N. Bardos, F. M. Gresham, R. W. Kamphaus and K. L. Pleiss, W. H. Holtzman, and H. M. Knoff (see PA, Vol 81:4010, 3988, 3995, 4000, 3997, and 4001, respectively) regarding R. W. Motta et al's (see record 1994-04005-001) article on the use of human figure drawings in psychological assessments. Evidence for the lack of validity for these drawings is ... [Show full abstract] reiterated, and it is suggested that the continued use of them may be counter to the American Psychological Association Code of Ethics (see record 1993-19413-001). (PsycINFO Database Record (c) 2012 APA, all rights reserved)

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The newly emerging mental health law.

January 1970

consider the rationale for the initial development of mental health law / discuss the importance of empirical research for studying the consequences of mental health law and consider a new perspective for studying and improving this area of the law—therapeutic jurisprudence / the overarching goal of therapeutic jurisprudence is to ensure that neutral health law realizes its potential to advance ... [Show full abstract] therapeutic outcomes / mental health law needs to be examined to determine how its application affects the interests of its intended beneficiaries, and whether therapeutic, or psychologically constructive, outcomes have been or will be advanced / [suggest] such work should utilize feedback from MHPs [mental health professionals] and clients, the work of mental health scholars, and empirical research assess the benefits and limits of this approach and discuss its implications for redefining the appropriate terrain of mental health law / examine the other grounds for defining the newly emerging mental health law / consider factors that threaten the success of mental health law in attaining its goals / conclude with a discussion of the relationship that must emerge between the legal and mental health disciplines to make mental health law therapeutic by advancing positive psychological consequences for those it affects (PsycINFO Database Record (c) 2012 APA, all rights reserved)

Last Updated: 21 Nov 2024

Encyclopedia of psychology, Vol. 5.

Abstract

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