Summary: Forensic Psychiatry

Read the summary and the most important questions on Forensic Psychiatry

• 1 Laws

• 1.1 Insanity Defence

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• Degree of insanity defence

  Total Defence

• Section 84 Penal Code (Malaysian)

  1. Unsoundness of mind
  2. Incapable of knowing 
  3. Nature of the act
  4. Either wrong/contrary to law

• Elaboration on Penal Code section 84

  Nothing is an offence done by a person who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law

• 1.2 Fitness to plead

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• Key Differences between Fitness to Plead and Insanity Defence

  Time relevance
  FTP - Start of trial
  IDef -   During the offence
  
  Main Question
  FTP - Can the person understand and particpate in trial
  IDef - Is the person legally responsible for the crime 
  
  Verdict
  FTP - cannot be trialed 
  IDef - NGRI 
  
  Consequence
  FTP - Detained in Hospital      / Supervised for safety
  IDef - Not imprisoned but sent to psy hosp for assessment

• 1.3 Tarasoff Principle

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• What is Tarasoff Principle entails?

  therapists to take reasonable steps to protect the endangered person, which could include warning the victim, notifying the police, or other necessary actions include admit patient.

• Confidentiality in MMC guideline

  patients have the right to expect that there will be no disclosure of any personal information, which is obtained during the course of a practitioner’s professional duties, unless they give consent. 

• Tarasoff application in Malaysia

  can disclosure personal information if required by law (by statue/ to court or in connection with legal proceedings)

• 1.4 Testamentary Capacity

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• Testamentary Capacity origin

  Banks VS Goodfellow

• Symptoms of Testamentary Incapacity

  o Attention and information processing difficulties
  o Language difficulties
  o Spatial difficulties
  o Memory difficulties
  o Impairment of higher executive function

• Measures for Retrospective Testamentary Capacity

  · Postmortem Testamentary Capacity Examinations
  · Psychiatric expert witness must make clear the testator was not examined
  · Rely on information from friends, relatives, neighbors, and a review of relevant records.
  · Review letters or notes written by deceased
  · Visit to home/ nursing home
  · Medical/psy/neuroimaging records may be disclosed with consent
  · Fact that individual has a guardian/ committee appointed does not deprive him of power to execute a valid will
  · Proponent of will must overcome that the individual lacks testamentary capacity.