Legal Systems & Ethical Standards Flashcards

A defense attorney serves a forensic counselor with a subpoena for a client's substance use treatment records. Under 42 CFR Part 2, what is required before the records may be released?

Answer: A court order meeting Part 2 criteria or valid client consent

Part 2 requires patient consent or a court order meeting its specific criteria, because a subpoena alone does not authorize disclosure.

Which court case established a mental health professional's duty to protect identifiable third parties from a client's serious threat of violence?

Answer: Tarasoff v. Regents of the University of California

Tarasoff (1976) held that therapists must take reasonable steps to protect an identifiable victim threatened by a client.

Under Dusky v. United States, a defendant is competent to stand trial if he or she has which of the following?

Answer: A rational and factual understanding of the proceedings and the ability to consult with counsel

Dusky requires a rational and factual understanding of the proceedings and a reasonable ability to consult with an attorney.

Estelle v. Gamble is significant to correctional treatment because it held that:

Answer: Deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment

The Court held that deliberate indifference to serious medical needs is cruel and unusual punishment.

When are Miranda warnings legally required?

Answer: Before custodial interrogation by law enforcement

Miranda applies when a suspect is both in custody and being interrogated by police.

What most clearly separates an expert witness from a fact witness?

Answer: Expert witnesses may offer professional opinions based on specialized knowledge

Expert witnesses may give opinions within their expertise, while fact witnesses testify only to what they personally observed.

Under the Daubert standard used in federal courts, who acts as the gatekeeper for the admissibility of expert scientific testimony?

Answer: The trial judge

Daubert makes the trial judge responsible for deciding whether expert testimony is reliable and relevant.

A forensic counselor is asked to provide ongoing therapy to a client and also complete the court-ordered custody evaluation for that same client. What is the best ethical response?

Answer: Decline the evaluator role because combining therapist and evaluator roles creates a conflict

Acting as both therapist and forensic evaluator creates a dual-role conflict that undermines objectivity and the therapeutic relationship.

At intake, a court-mandated client should be told which of the following?

Answer: What information will be shared with the court or referral source, and the limits of confidentiality

Informed consent for mandated clients must explain what will be reported, to whom, and the limits of confidentiality.

A client who owns an auto shop offers to repair the counselor's car for free as thanks for the counselor's help. What is the most appropriate response?

Answer: Politely decline because accepting creates a boundary and dual-relationship concern

Accepting valuable services from a client creates a secondary relationship that can exploit or compromise the therapeutic relationship.

A client in a Part 2 substance use program discloses ongoing child abuse. How does 42 CFR Part 2 affect the counselor's duty to report it?

Answer: Part 2 permits the initial report required by state law

Part 2 allows the initial report of suspected child abuse or neglect required by state law, but later use of the records in legal proceedings still requires a court order.

Under virtually all counseling codes of ethics, a sexual relationship with a current client is:

Answer: Never permitted

Sexual contact with a current client is prohibited in all circumstances because of the power imbalance and risk of harm.

A counselor trained only in substance use is asked to administer a psychological test battery to assess a client's risk of violence. What should the counselor do?

Answer: Refer the client to a qualified professional or get proper training and supervision first

Ethical standards require practicing only within the limits of one's education, training, and credentials.

When a forensic counselor faces an unclear ethical dilemma, which step is most widely recommended?

Answer: Consult a supervisor or colleague and document the decision-making process

Consultation and documentation show a reasoned, good-faith ethical decision process.

Which statement correctly distinguishes probation from parole?

Answer: Probation is court-ordered community supervision instead of or alongside incarceration, while parole is supervised release after a prison term

Probation is a sentence served in the community, while parole is conditional early release from prison.

Which feature is a key component of the adult drug court model?

Answer: Ongoing judicial monitoring with graduated sanctions and incentives

Drug courts rely on frequent status hearings, drug testing, and graduated responses to behavior.

In most U.S. jurisdictions, what generally makes a crime a felony instead of a misdemeanor?

Answer: It is punishable by more than one year of imprisonment

Felonies are generally offenses punishable by more than one year, usually served in state or federal prison.

According to Addington v. Texas, what standard of proof is constitutionally required for involuntary civil commitment?

Answer: Clear and convincing evidence

Addington (1979) set clear and convincing evidence as the minimum standard for civil commitment.

Under the M'Naghten rule, a defendant may be found not guilty by reason of insanity if, because of a mental disease, he or she:

Answer: Did not know the nature and quality of the act or that it was wrong

M'Naghten is a cognitive test focused on whether the defendant understood the act or knew it was wrong.

Ford v. Wainwright (1986) held that the Eighth Amendment prohibits:

Answer: Executing a prisoner who is insane

Ford held that executing a person who is insane is unconstitutional.