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forensicpsychiatry.stanford

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

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forensicpsychiatry.stanford

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  1. http://forensicpsychiatry.stanford.edu Materials California Law

  2. 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

  3. 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

  4. 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 Privacy Guarantees personal autonomy

  5. 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 Landmark Cases

  6. Due Process Duty Burden of Proof Standard of Proof Standard of Care Competence Substituted Judgment Best Interests Fiduciary Tort Crime Landmark Case Legal Terms

  7. 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?

  8. Fiduciary Law • What is a fiduciary relationship? • What are its duties? • How / when is it created? • How / When does it end?

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