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Lecture 3

PSY240 Lecture 3.docx

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University of Toronto Mississauga
Hywel Morgan

PSY240 Lecture 3 LEGAL VS. ETHICAL ISSUES  What is Legal?  What is Ethical?  Quebec does not follow common law, they follow civil code  o civil code uses specific guidelines(more likely to be tried by a judge than a jury) o common law uses precedents  not all abnormal behaviours R illegal, and not all illegal behaviours are abnormal  laws vs. ethics  o frequently intersect, but not always o there are consequences for ethical issues, but you won't get prosecuted legally (diff. b/w ethics and law) o ethics: behaviours that you should/shouldn't participate in o most laws we have are based on ethics o laws are not static b/c ethical guidelines change over time  most people with psychopathology are not violent  violent legal issues in psychopathology dealt with differently  PEOPLE IN SOCIAL CONFLICT  o abnormal behaviours: conflict with significant others (family, spouse, friends, coworkers, etc.) and also occupationally  POWER OF MENTAL HEALTH PROFESSIONALS  o example of murder: not psychopathology in DSM-IV or the law CANADIAN LEGAL SYSTEM  CONSTITUTIONAL LAW  o federal gov't laws, not changeable (except by ammendment o constituted repatriated by UK in 1982 (incl. charter of rights and freedoms) -- PM Trudeau o  not changeable unless consensus of federal gov't and provinces o basic civil liberties come from the constitution  STATUTORY LAW  o legislative laws, (ex.can't put out garbage except on garbage pickup day - municipal gov't) o 3 levels of gov't: federal, provincial, municipal o ex. murder - federal gov't o static but subject to interpretation  COMMON LAW  o laws will change based on findings of individual cases; based on precedence o PARENS PATRIAE (RESPONSIBILITY AND AUTHORITY TO CARE) o  Latin origin, came out as result of common law, now fixed in statutory law  responsibility and authority to take care of ppl who are unable to take care of themselves  ppl wi/ psychopathology where there's dysfunction makes it the case where they cannot make decisions for themselves (can't show proper judgement)   gov't will make those decisions for them and take care of them  If you are not able to understand that what you have done is illegal, gov't will take care of you  ex. autism, dementia, alzheimer's o INVOLUNTARY COMMITMENT (CIVIL AND CRIMINAL) --> not rare o  MUST BE SUFFERING FROM A MENTAL DISORDER  UNWILLING/INCAPABLE OF CONSENT  BE AT RISK OF HARMING (SELF OR OTHERS)  o  If you cannot consent to assessment, diagnosis and treatment, gov't will do it for you  not an arrest/ incarceration  o  RULES HERE IN ONTARIO  example of police taking you to emergency room for threatening to kill yourself (civil commitment)   health professionals do an initial assessment  can be commited for assessment b/w 24-72 hrs   in Ontario, you are NOT obliged to participate in assessment or treatment  In Quebec, you are required to oblige  after initial assessment period, you will be reassessed by 2 physicians (will be psychiatrists, not mental health professionals)
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