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Lecture 2

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University of Toronto St. George
Hywel Morgan

Lecture 2: Mental Disorder and the Law Legal vs Ethical issues Laws-set of rules about behaviour you must follow, ambiguous What are laws? Aset of rules of how you must behave and must not behave Rules about behaviour that are codified Based on ethics and morals What you HAVE to do Dictates social interaction with each other Prof. argues that almost all laws dictating private behaviour are gone Trudeau wanted laws to stay out of people's bedrooms Violence is the most salient example of a social interaction that is illegal The legal system determines whether the defendant is culpable or mental ill Do defendants who are deemed culpable still received rehabilitation? In Canada and in scandinavian countries, YES; in the U.S., NO What the judge and what the mental health practitioner say are different -hinds dilemma: man couldn’t afford drug to save his wife. -morals are fluid, vary from culture and time. Ie/things immoral 5- years ago are acceptable today -ethics-set of core values doing the right thing, guideline you should follow Legal issues: • people in social conflict. Thomas szasz-argues that pyschological issues are not medical, there are people who are not functioning probably, are able to get along with other people, get a job and do normal things-social conditions. Pyschopathology doesn’t get treated unless interferes with somebody else known as social conflict because that’s a legal issue. Ie/ cutting somebody else ut if given conscent then maybe. • power of mental health professionals- there power in the legal system, mental stability, dysfunctional behaviour break the rules of law and caused by mental dysfunction. Ie/ substance abuse disorder and taking a drug that impairs judgement and reaction time and a car accident has hurt someone else because of that-broke the law and have a mental disorder. Will still be in jail despite the mental disorder. Doctor has to testify for the mental disorder if responsible for their actions. The only power they have in the legal system is as witnesses. For individual to get out of jail is judge or jury only but will take consideration of psychology as they cannot claim a person to be legally insane. Canadian Legal System: not changeable, • Constitutional law- charter of rights and freedoms, rules you must follow, highest limit on the types of law. Only country that documents people with health issues that have rights, at the federal level. People with mental disorders have to be protected by government. • Stautory law: provincial level and municipal level. Can be changed and differ from provinces. People with mental disorders- cant cover everything, decisions have to be made until they become significant. • Common law: all three terrirtories, 9 out of 10 except quebec which has civil law. What is legal but no ethical addressed here. Judge's or jurys intrepretation of stautory laws. Frequently ambigious not by accident because of the hind's dilemma. Common law comes from precedence. When decisions are made about mental disorders that become a law. To intrepret consitituion that includes parents contry-government is responsible and their authoirty to care for all individuals-leads to a dilemma ie/people on the streets but the constitution says everyone has the right to make own decisions-conflict. People living on streets are mentally ill but they have constitutional rights. o Parents patriate (responsibility and authority to care) o Involuntarily commitment (civil and criminal): occurs when someone is perceived to have mental illness so taken out of society and harmful to others and yourself, havt done the act but possibility may happen so must be isolated- civil involuntarily commitment, part of common and stautory law. Criminal-is apart of constitutional and stautory law. Putting in a secure mental health facility. • Must be suffering from a mental disorder • Unwilling or incabable of consent- consent to treatment • Be at risk of harming (self or others) • Rules here in ontario- someone suffering from substance abuse, thinking about homicidal thoughts is eligible for commitment, not a disorder. If you are committed involuntarily must be assessed and treated, can refuse treatment in ontario, only three provinces. Someone who is committed in ontario only 72 hours, differs between provinces, if they refuse treatment having stayed can leave. People assessing can have them committed further for one to three months and can be extended. Involuntarily treatment • Substitute decision maker (advocate): cant make decisions for themselves, automatically signed to somebody during assessment and treatment, after 72 hours.Advocates are trained professionally. Can be a psychologist, social worker • Capabe wished principle-advocate works under this. The advocate tries to do what is right for the patient and considers patients wishes. • Compulsry treatment orders- three provinces. If advocate is satisfied even though patient is still disordered they can be released if they promise as an out patient to conitue in therapy at regular intervals. Pychologist environment -ethics: have ethical obligations and still get in trouble not with the legal system • Clinical: interacting with a client or a patient • Research: researcher tells participant what is expected and then consent form is signed and you participate and can discontinue experiment any time even after leaving. If didn’t tell you then ethical not legal issue. • Teaching: similar codes guideline of ethics, • Forensic-ethical obligation in court and legal obligation otherwise purjury. • Adminstration-adminstering psychological data, gathering data of testing, collect data on people, not analyze Informed consent: quasi-legal • History: government requires this, because in past people have been treated without consent medically and psyc
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