http://forensicpsychiatry.stanford.edu

Materials

California Law

Psychiatry and Law

• Law regulates practice of Medicine and Psychiatry • Medical Board, Regulations, Criminal Court, Tort Claims

• Psychiatry has a consultative role to the Law• legal question/legal purpose• states of mind (intent, cognition, voluntariness, consciousness

• Differences between Psychiatry and Law• Illness vs. dispute resolution • Consensus vs. combat• Clinic vs. “worst case” appellate law• Do no harm/best interest vs. justice/respect for individual autonomy

• American Judicial System• Legal Terms and Principles Relevant to Psychiatry

American Judicial System

• Courts– Tri-level

• Law– Sources

• Constitution• Codes (statutes)• Regulations• Case Law (common law, landmark cases, stare decisis)

– Subject matter• Civil• Criminal

• Doctrinal Powers– Natural Law vs. Legal Positivism– Police Powers vs. Parens Patriae

United States Constitution – Bill of RightsLimitations on Congressional power

• 4th Amendment: Probable Cause• 5th Amendment: Due Process• 14th Amendment: Due Process, Equal Protection• 25th Amendment: Removal of President

California Constitution

Article I – Right of PrivacyGuarantees personal autonomy

Landmark Cases

• Schloendorff vs. NY Hosp• Cobbs vs. Grant• Tarasoff vs. Regents• U.S. vs. Dusky• M’Naghten• Dillon vs. Legg

• Doe vs. Gallinot • Reise vs. St. Mary’s• O’Connor vs. Donaldson• Cruzon vs. Missouri• Carter vs. General Motors

• Landeros vs. Flood

Legal Terms

• Due Process• Duty • Burden of Proof• Standard of Proof• Standard of Care• Competence

• Substituted Judgment• Best Interests• Fiduciary• Tort• Crime• Landmark Case

Reasoning Process

• Forensic Consultation:– What is the legal question?– What is the legal rule?– What are the relevant facts I need to know?– Conclusion: assertions of fact & law, deductive inference

• Landmark Cases– What issue was presented to the Court?– What rule or principle did the Court choose to employ?– What were the relevant facts considered by the Court?– What is the prospective impact of the Court’s holding?

Fiduciary Law

• What is a fiduciary relationship?

• What are its duties?

• How / when is it created?

• How / When does it end?