81 Words
What year did all the words about homosexuality in the DSM get removed?
1987
Mental health professionals testifying in cases like Hinckley’s compare a defendant’s behavior to this implicit standard.
What is “normal” behavior
The type of information that clinicians must rely on when patients are unable or unwilling to provide reliable information.
What is proxy information?
The mental health disease Lewellyn used for the insanity defense.
What is pathological gambling
This criminal law assumption doctrine focuses on the defendant’s awareness of his actions at the time of the offense.
What is the cognitive effect of a mental disorder?
What was the name of the secret organization of closeted homosexual psychiatrists?
GAYPA
The most serious mental disorders according to the prosecutions expert witness in Hinckley
What are psychotic disorders
The controversial study that involved eight "normal" individuals showing up at hospitals and feigning auditory hallucinations to receive a schizophrenia diagnosis
What is the Rosenhan study?
Lewellyn used this (1), as opposed to (2) this, to try establishing his disease met the minimum standard required for an insanity defense.
What is (1) Expert testimony and (2) The DSM-3 (which did not establish that pathological gamblers may lack substantial capacity to refrain from engaging in embezzlement and similar criminal activities).
This criminal law assumption doctrine focuses on the defendant’s ability to control his behavior at the time of the offset.
What is the volitional effect of a mental disorder?
In 1962, what did the psychiatrists believe caused homosexuality in gay men?
Close-binding or overprotective mothers (who made their children weak and feminine) and detached, rejecting fathers
The concept courts often mistakenly assume can be objectively identified by experts.
What is normal mental functioning
The proper behavioral science terminology for a diagnosis being "correct" or "incorrect"
What is valid and invalid?
Defendants who raise insanity defenses must provide evidence of this. (Hint: the rule from Lewellyn).
What is that their mental conditions or disorders cause them to lack the substantial capacity to conform their behavior to the requirements of the law.
Critics of the Frye Test argue the accuracy of expert testimony should go to this factor instead of to its admissibility.
What is the weight of the evidence?
Why was Evelyn Hooker's study on homosexuals different from all previous studies?
All previous studies were done on people who were already under serious psychiatric treatment. Her study was done on homosexuals who were not in therapy, prison, a mental hospital, or the disciplinary barracks of the armed services.
Jurors often fail to recognize this when experts use technical language.
What are moral judgments
According to Morse, this needs to be described to the fact-finder to determine whether special legal treatment should be given to an individual.
What is a detailed description of the individual's behavior, which can come from lay and expert testimony?
The factors from Frye that determines whether expert testimony is admissible.
What is general acceptance, application to novel evidence, scientific consensus, and relevant field.
The Daubert Court opinion made clear that their test applies not just to ‘scientific expertise’, but also to the other two types of expertise mentioned in FRE 702, known as what?
What are technical expertise and specialized knowledge?
What did Spitzer's resolution to the APA for homosexuality in the DSM argue?
For a behavior to be categorized as pathological, the behavior must cause subjective distress. If you were gay and it didn't bother you, you were not sick. A new category was introduced - ego dystonic homosexuality.
Psychiatric testimony often contains this.
What are value judgments
Why open form interviewing leads to low reliability in psychiatric diagnoses. (Name at least 1/3)
What is because clinicians focus on the most pressing symptoms to the detriment of others, clinicians are pressured by institutional requirements and financial incentives to make certain diagnosis, and interviews increase risk of overlooking important areas of questioning.
Why Lewellyn was unable to meet the Frye standard.
What is because pathological gambling had only been recently recognized as a disease, few mental health professionals had experience in treating pathological gambling, and there was little overall knowledge of the disease.
According to this doctrine, the fact that an opinion testimony is uncertain does not by itself justify exclusion, as long as the evidence rises above mere conjecture or speculation.
What is the weight of authority?