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Forensic Psychiatry

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Duty to Warn and Protect

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Based on the Tarasoff ruling, a mental health professional's obligation to breach confidentiality and notify potential victims or authorities if a client poses a serious threat of harm.

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Insanity Defense

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A legal defense asserting that the defendant was not responsible for their actions due to psychiatric illness, which rendered them unable to understand the wrongfulness of their actions or conform their conduct to the law.

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Psychiatric Disability

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A mental impairment that substantially limits one or more major life activities, which can play a role in determining competency, criminal responsibility, or eligibility for social services.

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Child Custody Evaluations

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Psychological assessments that determine the best interests of a child in custody disputes, examining factors such as the parenting capacity of each parent and the child's needs.

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Psychiatric Advance Directives

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Legal documents that allow individuals to outline treatment preferences and appoint a decision-maker in case they become mentally incapacitated and unable to make health care decisions.

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Competency to Stand Trial

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Refers to a defendant's ability to comprehend the nature and consequences of the legal proceedings and to participate adequately in their defense. It is essential for ensuring that the legal process is fair.

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Diminished Capacity

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A partial defense to a crime where the defendant alleges cognitive deficits or mental disorder which, while not exonerating them, may reduce their liability or the severity of the charge.

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Therapeutic Jurisprudence

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The study of how law and legal processes can affect the emotional well-being and mental health of individuals, with an emphasis on the law's healing potential.

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Restorative Justice

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A system that focuses on the rehabilitation of offenders through reconciliation with victims and the community, which can impact mental health outcomes for all parties involved.

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Risk Assessment

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Evaluating the likelihood that an individual will engage in violent or criminal behavior in the future, often used in sentencing, parole, and civil commitment proceedings.

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Malingering

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Intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding military duty, avoiding work, obtaining financial compensation, or evading criminal prosecution.

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Sexual Predator Evaluations

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Assessments to determine the risk of recidivism for sexual offenders, which can influence sentencing, parole decisions, and commitments to specialized facilities.

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Competence to be Executed

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An evaluation of a death row inmate's understanding of the punishment and its implications, as inmates must be deemed mentally competent before the death penalty can be carried out.

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Not Guilty by Reason of Insanity (NGRI)

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A verdict stating that a defendant is not guilty of a crime because they were insane at the time of the crime, unable to understand the wrongfulness of their actions or control their behavior.

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Fitness to Plead

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An assessment of a defendant's ability to enter a plea based on their mental state, determining if they are mentally competent to participate in the plea process.

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Mitigating Factors

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Any information or evidence presented to the court that might result in reduced charges or a lesser sentence, including mental illnesses or intellectual disabilities.

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Criminal Responsibility

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Pertains to the mental state of the defendant at the time of the criminal act, assessing whether they were able to understand the nature of the act and differentiate right from wrong.

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Personal Injury Evaluations

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Assessments used in civil law where a mental health expert evaluates the psychological impact of injuries claimed to result from another party's negligence.

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Confidentiality and Privilege

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Concerns the ethical and legal duty of mental health professionals to protect the privacy of client communications, unless specific exceptions such as a threat to self or others are met.

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Aggravating Factors

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Elements of a crime that can increase its severity or the harshness of the sentence, such as a particularly heinous or cruel action, despite the defendant's mental state.

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