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While there are some differences according to jurisdiction, in general, if the defense is allowed by the judge to go to the jury.
The term illness of the mind is solely a legal notion. In the case of Bratty v. Attorney-General (Northern Ireland) (1963), Lord Denning declared that the foremost mental illnesses, which the doctors identify as psychoses, like schizophrenia, are plainly illnesses of the mind. Whether or not drug-associated psychosis will be considered to qualify as an illness of the mind will essentially depends on the division amid a fault of cause resulting from an underlying condition and a fault of cause caused by something external.
Reaction
There is justifiable societal concern about the links between violence and illicit substance use. Such concern finds a focal point at the debate around the boundaries for the insanity defense where drug-associated psychoses are involved. This article outlined three potential approaches that the law could adopt in relation to the issue. Each has clearly distinguishable implications for who would qualify for the defense and hence for public policy. It also looked at whether or not there is a correlation between psychiatric drug use and accountability of those of who commit crimes.
This article was very informative about...
There are a number of different approaches that are currently being used, all which affect the defendants in a different way. The one thing that I think was missing from this article was a better delineation about how the laws affect the practitioners and if these approaches make any difference in the way that treatment plans are designed and what drugs are being prescribed.
Applicability
It is very important for those who are practicing in the field of psychiatry to understand how the law applies to those who have been diagnosed with psychoses. It is important to know how these individuals are classified within the current legal system so that practitioners know how it is that their clients are going to be judged in regards to accountability if they become involved in the legal system and are using psychiatric drugs.
How these clients are looked at within the legal system when they are using prescribed drugs is very important for those who are prescribing these drugs on a daily basis. It appears that there needs to be further research in order for practitioners to fully understand how it is what they do everyday affects the criminal justice system and the clients that may end up there.
Informed consent signifies one of the protections in studies on mental illness. Consent is a procedure that permits for the free choice by a knowledgeable and competent person to or not to partake in investigative procedures. Capacity for consent is not a stationary experience. It can transform with the circumstance of the person. The theory of informed consent was established on two distinctive legal philosophies. Every patient has the
Health Care Law Unconstitutional Is the Health Care Law Unconstitutional? Take a position on whether the Healthcare Law is constitutional or unconstitutional and why? What are your arguments for feeling the way you do? On March 23, 2010 President Barrack Obama signed into law the Affordable Care Act. At the heart of this law, are series of regulations that are designed to reduce the most common challenges when utilizing different health care solutions.
S. Department of Health and Human Services, 2011). Furthermore, subpart C explains the privileges and the protections of confidentiality that is attached to the patient's record along with much exception (U.S. Department of Health and Human Services, 2011). The penalty for anyone who breaks confidentiality is imperative. In "November, 23, 2009" was increased to $11,000 (U.S. Department of Health and Human Services, 2011). This goes for anyone in the medical field
Health Care Law LC1 Read: Compliance needs a shrewd strategic plan Link: http://www.healthcarefinancenews.com/news/compliance-needs-shrewd-strategic-plan Discuss the reasons why healthcare organizations should include a compliance program into their strategic planning? In short, the Cerrato story linked above discusses and makes clear, more or less, that it is a non-optional part of doing business in the healthcare business and sphere. He noted that healthcare providers must comply with "a long list of healthcare-related laws and regulations" and that
This allows for the maintenance of a Network price list, as stipulated in the Physician's version of this clause while still tying price (as well as incorporating the discounts) to standard physician charges, as stipulated by the Network. The Physician's current version of the compensation clause is untenable, however, as it limits the freedom of market forces to have their effect on price, which is unfair to the network
Laws invariably impact scope of care and scope of practice. Many scope of care-related laws are designed to protect the interest of patients and/or consumers. Similar to jurisdiction debates in law enforcement, scope of care issues in healthcare highlight the ways each professional dimension or area of specialization is bounded by "turf battles," even when those battles may adversely impact quality of care (National Council of State Boards of Nursing,