Forensic Psychiatry Landmark Cases–5. Corrections/correctional health care – Flashcards

Due Process-Invol Hospitalization "Vitek mattress" Vital=life=not giving me a fair hearing deprives me of my liberty Jones was imprisoned for robbery Set mattress on fire Sent to hospital and then psych hospital without a hearing Jones said "I don't want to go to the looney bin" stigma Violates my 14th amendment-due process USSC agreed- he needs a fair hearing

Due Process-Invol Medication Harper went to the SOC and forced invol to take antipsychotics Harper said this violates my 14th amendment USSC said NO- state interest in stopping danger medication help stop danger and this SOC policy is sufficient 1. It has a disinterested advisor 2. a panel hearing 3. right to appeal court relied on doctor's judgment rather than court

Due Process- Undue Hardship

Due Process Hospitalization after Incarceration- Equal Protection Baxtrom imprisoned for assaulting someone Operation Baxstrom Then deemed insane and was in prison hospital They had a hearing to transfer to psych civil hospital after his prison sentence Wasn't allowed to go-stayed 4 more years He filed habeus corpus-14th -equal protection Baxstrom said he is mentally ill he should get to go to non-imprisoned mental hospital when his time is up. At least get a hearing for it like anyone else getting civilly committed (equal protection-14th). USSC agreed.

Security vs Treatment -Deliberate Indifference "Gamble =Bundle of hay" Gamble in prison-injured by bale of hay Medically cleared but did not go back Then punished for not going back to the fields He said this is cruel and unusual for not providing treatment- 8th Amendment Court said the defendent must demonstrate that the state showed "deliberate indifference" (rather than negligent care) for it to violate his 8th

Security v Treatment-Deliberate Indifference Farmer imprisoned for credit card fraud was transsexual beat up in prison Filed for violation of 8th--State didn't protect me Was Farmer right? USSC= Yes- if Farmer can show "deliberate difference" which means "subjective recklessness" test i.e., the guards 1. knew of substantial risk of harm 2. disregarded the risk

Sex Offenders-Indefinite commitment, Due Process "Specht=sketchy sex suspect with suspect sentence" Specht was convicted of indecent liberties. 10 years max. New law came out and said now sentence can be indefinite Specht said "hey not fair-I didn't get a fair hearing" Violates due process 14th-filed habeus corpus USSC yes you are right

Sex Offenders Allen was sex offender Statute said he had to see psychiatrist Gave incriminating evidence to keep him longer He said unfair-Violates 5th Court said "no"- keeping him longer is civil (treatment) not criminal (punishment) so the 5th does not apply

Sex Offenders Was Tod Hendry's dad a sex offender? Hendricks SVP-would offend kids and play guitar "til I die" People in prison heard him and got worried to release him Didn't get much treatment USSC you can keep him. Just because treatment not effective doesn't mean it is violation of 14th right

Sex Offenders H not completely unable to control crane toy "complete inability to control" behavior was not required to keep someone dangerous.

Sex Offenders "young cunnilingus" Young and Cunningham Sex offenders who were either just released or just about to be released needed to be committed. Young and Cunningham said this is fundamentally unfair (subst due process) to take my liberty without a hearing. USSC yes-the law is not criminal but civil (double jeopardy and expost facto do not apply) Washington State SVP statute was not a criminal law (yet violated subst due process 14th due process) State needs to prove that he is dangerous beyond a reasonable doubt