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Lec 3.docx

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University of Toronto St. George
Hywel Morgan

PSY240 Lec 3 (Chapter 19) Legal vs. Ethical Issues • What is legal? • What is ethical? What is Law? • Rules that must be followed • Based on society’s morals • “Must do” What is Ethics? • Based on morals • Set of core values/guidelines that you should follow • “Should do” • Not everything that is not ethical is illegal Legal Issues • People in social conflict  People who show abnormal behaviour o *Thomas Zsasz – Psychological conditions are not medical, people who are not function properly o Psychological problems are not noticed/treated unless they disrupt other people  Social conflict • Power of mental health professionals o Mental instability in the legal system o Abnormal behaviours that break the rules of law and are considered to be caused by mental dysfunction o Only power of psychologists in court are as witnesses o Psychologist cannot legally declare someone legally insane o Responsibility of crime is determined by Judge/Jury Canadian Legal System • Constitutional Law (Federal) o Not changeable – Very difficult o Highest set of laws o Rights and freedoms o Limits on type of laws gov’t can create and enforce o Canada is only country to document the rights of mentally ill people • Statutory Laws (Provincial) o More changeable o Differ province to province o Guide legal system in treating and apprehending people with mental disorder o Interpretation of constitutional law o Can also be municipal level • Common Law o In all 3 territories , 9/10 provinces (Quebec) o Judge interpretation of the statutory law o Set by precedence Common Law • Parens patriae  Government is responsible to care for all individuals o Responsibility and authority • People have the right to refuse treatment • Government has the authority to intervene • To involuntary commitment (civil and criminal) o Usually when individual has mental disorder o Criminal  You have done something wrong so removal from society, constitutional o Civil  I have observed you have mental disorder and are dangerous to self and others, removal from soci
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