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42 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

canada Unless Bob is unfit to stand trial, the trial will go on. "Unfit to stand trial" is defined in the Criminal Code as: unable on account of mental disorder to conduct a defence at any ...
Jen's user avatar
  • 57k
19 votes
Accepted

Who decides DNR decision when patient is non compos mentis?

tl;dr Spouse before adult child. Patient’s designated surrogate, and court appointed guardian, before both. Assuming your mom does not have an advanced directive or has not designated a proxy, then ...
Damila's user avatar
  • 1,670
18 votes

What is the father of the bride test?

This is an appeal from the decision in A Local Authority v JB [2020] EWCA Civ 735. In the part of the hearing to which you refer, Lord Stephens is asking the appellant’s counsel about the following ...
sjy's user avatar
  • 9,178
15 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

Or will "new Bob" be let go and have a new life? I think that outcome is very unlikely. There's no particular requirement that those in the custody of the criminal justice system actually ...
Steve's user avatar
  • 2,605
10 votes
Accepted

Who is liable for a resident mental care patient intruding someone's property?

united-states The patient is personally liable unless the underlying law has a requirement of specific intent. There is a tort law rule stated in the Restatement (Second) of Torts that Unless the ...
user6726's user avatar
  • 215k
8 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

united-states If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished? The U.S. Constitution, and most state constitutions, do not forbid the ...
ohwilleke's user avatar
  • 218k
4 votes

Gun ownership prior to involuntary commitment

This is a question with a subjective answer, not a legal one. "Should I have to turn in my gun" legally, nobody is forced to turn in their guns because of mental illness. There are fourteen ...
User37849012643's user avatar
4 votes

Gaslighting ; criminal or civil

england-and-wales There isn't a law that defines 'gaslighting' as an offence. Generally it isn't unlawful to mislead, deceive or lie - of course, there are exceptions such as fraud, misleading ...
Lag's user avatar
  • 17.2k
4 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

Since it's not possible to prove that someone doesn't remember something you clearly cannot possibly "let someone off" just because they assert that they can't remember the events. If you ...
Brondahl's user avatar
  • 256
3 votes

Who is responsible for incapacitated persons house key?

In Germany, people are allowed to commit suicide. There is no obligation to live. Unless there is a DNR or other express statement that Alice does not want nobody to come to her rescue (and it does ...
Kai Burghardt's user avatar
3 votes
Accepted

When does "mental health" factor into penalizing an individual?

It depends on the jurisdiction but, very broadly speaking, the person might be ill such that: they did not know what they were doing or that what they were doing was wrong (insanity) their ability to ...
Lag's user avatar
  • 17.2k
3 votes

To what extent can mental illness create a defence or mitigation against liability in a civil case?

The person with a mental health condition is as liable as the person without all else being equal. The standard in common law (and civil law) systems is the reasonable person test - what would a ...
Dale M's user avatar
  • 211k
3 votes

Taking control of an adult's healthcare

As a preface, while the best course of action isn't always clear and the reality of implementing some solution is often rocky, the bipolar diagnosis situation you describe is probably the single most ...
ohwilleke's user avatar
  • 218k
2 votes
Accepted

Legal Liability for mentally infirm

There’s a lot going on in this question. Insurance doesn’t matter for liability. An insurer indemnifies the insured for damage they cause to other people (third-party personal insurance), other ...
Dale M's user avatar
  • 211k
2 votes

Mental Capacity of family member with means

In the United States one would file a petition with the appropriate court to have a conservator appointed for the individual. I suspect that you are probably asking about U.K. law since you mention a "...
ohwilleke's user avatar
  • 218k
2 votes
Accepted

Can I refuse to provide information when a police officer asks about my mental health?

You have the right to remain silent ... So begins the Miranda warning required to be given by US police officers before they arrest you. Police in every other liberal western democracy are required ...
Dale M's user avatar
  • 211k
2 votes
Accepted

Can a police officer report to a psychiatrist?

Can the police officer report back to the psychiatrist what they learned in these conversations? Yes. There is no legal reason that a police officer couldn't inform the psychiatrist what they ...
ohwilleke's user avatar
  • 218k
2 votes

In Germany, are doctors within the same institution able to access any patients' medical records?

It is not illegal for the mother to continue working there under the condition that she continues to uphold her professional confidentiality. It is not a violation of the employer to allow their ...
Mark Johnson's user avatar
  • 5,632
2 votes

How immediate must one's risk of harm be to self or others to be involuntarily held for psychiatric evaluation in the US?

In Colorado, the relevant standard is that the person "appears to have a mental illness and, as a result of such mental illness, appears to be an imminent danger to others or to self or appears ...
ohwilleke's user avatar
  • 218k
2 votes

To what extent can mental illness create a defence or mitigation against liability in a civil case?

The answer really calls for a comparison of the level of mens rea required for various torts and the condition in question. Lots of conditions that constitute a "mental disorder" for DSM-V purposes ...
ohwilleke's user avatar
  • 218k
2 votes

Mental health consumer rights (UK)

You went to this clinic voluntarily out of your own free will; things would be different if they had contacted you first. Did they have any reason to screen you for mental health problems? If you ...
gnasher729's user avatar
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2 votes
Accepted

What is the SCOTUS's standard of *dangerousness* in decisions of involuntary psychiatric commitment?

An annotated bibliography of the leading cases in the mental health area from the U.S. Supreme Court are summarized here and this is a pretty fair summary of the U.S. Supreme Court case law in this ...
ohwilleke's user avatar
  • 218k
2 votes
Accepted

Audio obfuscation for HIPPA compliance

The key legal concept is "Individually identifiable health information" as defined in 45 CFR 160.103, which is defined as information that is a subset of health information, including ...
user6726's user avatar
  • 215k
2 votes

How does the phrase "to be sectioned" originate?

The Oxford English Dictionary provides a definition of "section" as a transitive verb in this sense: to cause (a person) to be compulsorily detained in a psychiatric hospital in accordance ...
Jen's user avatar
  • 57k
1 vote

What are the requirements to have someone who is suicidal held involuntarily if they presented for help to A&E?

If you have: a mental illness which needs assessment or treatment which is sufficiently serious that it is necessary for
 a. your health or safety, or b. for the protection of other people you ...
Dale M's user avatar
  • 211k

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