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| refers to a defendant’s capacity to function meaningfully and knowingly in a legal proceeding |
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| the principal legal doctrine permitting consideration of mental abnormality in assessing criminal lability. those acquitted of criminal charges as Not Guily by reason of insanity are typically are requuireed to spend an indeterminate period of treatment in a secure mental health facility until they are no longer dangerous to self of others. |
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| a guity mind; the mental state accompanying a forbidden act |
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•Defined by Fox and Levin’s (1998) as “the slaying of four or more victims, simultaneously or sequentially, by one or a few individuals.” |
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•murderer kills four or more victims in one location during a few minutes to several hours.
•In almost 80% of mass murders, the assailant knew the victims. Usually the attack was a carefully planned assault.
•The typical assailant is killed at the location of the crime, commits suicide, or surrenders to police |
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•kill four or more victims, each on separate occasions.
•Serial killers usually select a certain type of victim (usually a stranger) who fulfills a role in the killer’s fantasies. Usually better planned than mass or spree killings.
•Serial murderers are difficult to apprehend (e.g., can seem to be normal community members). |
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ìis a wrongful act that causes harm to an individual.
ìWhen one party is injured by the actions of a second party, the injured individual can sue the second party to recover monetary damages as compensation for the injury.
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ìis the right or obligation to protect somebody in some form.
ìExamples: a duty to avoid going onto another’s property without invitation; physician has a duty to treat patients according to professional standards |
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- whether one could have reasonably foreseen that one’s behavior would lead to the outcome
Ex. If a drunk driver hits and mother and her 2 kids and kills the kids the mother can sue for psychological damage because she saw her two kids get killed
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SFaking or exaggerating mental illness in order to avoid negative consequences |
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- persons found Not guilty are released to the community following a period of hospital confinement and are monitored and supervised by mental health personnel.
- this is the mental health systems counterpart to parole
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also known as fulfilling prophecy.
after people form a particular belieft (in the guilt of a suspect), they unwittingly seek out information that verifies that belief, overlook conflicting data, and behave in a manner that conforms to the belief. in trn, th etarget person (the suspect) behaves in ways that support the initial belief. |
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| Experts are too often permitted to testify about “ultimate issues,” which should be left to juries to decide |
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- many critics including experts and judges themselves, believe that that the difficulty of distinguishing valid from invalid scientific evdience will result in jurors too often being exposed to expert testimony that is based on little more than junk science.
- the jurors do not know how to distinguish from junk science and real science.
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Ford v. Wainwright (1986) |
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| that the Eighth Amendment ban against cruel and unusual punishments prohibits the execution of defendants while they are incompetent |
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| was a landmark decision in which the U.S. Supreme Court ruled that if a defendant was competent to stand trial, they were automatically competent to plead guilty, and thereby waive the panoply of trial rights, including the right to counsel |
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| supreme court held that mental illness and a need for treatment were insufficient justifications for involuntarily committing mentally ill person who were not dangerous |
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| four types of civil commitment |
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Definition
- emergency detention (trying to commit suicide)
- voluntary inpatient commitment
- involuntary inpatient commitment (court order)
- outpatient commitment (patient to be mandated to receive treatmetn in an outpatient setting, such as a community mental health center, reather than in a hospital)
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Kumho Tire Co., Ltd. V. Carmichael (1999) |
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| expert opinions that are provided by those with technical or professional skills (such as clinicians) rather than primarily scientific expertise |
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Frendak v. United States (1979) |
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Definition
| the trial judge has discretion to raise an insanity defense over the objection of a defendant found competent to stand trial. The government urges this court, in addition, to hold that a finding of competency to stand trial is, in itself, sufficient to demonstrate that a defendant is capable of rejecting the defense |
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•The M’Naghten rule“excuses” criminal conduct if the defendant has a “disease of the mind”:
•1) did not know what he was doing
•2) did not know that what he was doing was wrong
•28 states use this rule as there standard |
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Definition
•This rule states that a defendant is not responsible for criminal conduct if he, “at the time of such conduct as a result of mental disease or defect, [lacks] substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law.”
•In the clips about insanity defense they were using this rule to define who is mental insane and can plead insanity defense. |
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Burden of proof for competency |
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Definition
SA state can require a criminal defendant to shoulder the burden of proving that he or she is incompetent (Medina v. California, 1992).
SMost states established the criterion to be a “preponderance of the evidence,” meaning that the defendant had to show that it was more likely than not that he or she was incompetent. |
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Laws governing Miranda Rights |
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Term
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Definition
•1) Profiling inputs. (get all the information)
•2) Decision process models. (organize the input determine if it’s a sexual, revenge, or mentally ill)
•3) Crime assessment. (reconstruct the crime scene and determine how the person felt. Ex. Blood spatter determine if it was heinous murder or not.)
•4) Criminal profile. (determine age, race, clothing, personality type descriptive profile of suspect)
• 5) Investigation. (drawings of the suspect might look like.
•6) Apprehension. |
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Admissibility of confessions |
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Definition
false negatives (when guilty suspects falsely proclaim their innocence)
false positives (when innocent suspects confess)
two kinds of errors arise in the context of confessions: guilty supsects fasely context of confessions & innocent suspects falsely confessing. |
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Different types of custodial agreements |
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Definition
sole custody-the child will live only with one parent (although the other parent may be granted visitation rights), and or all legal decisionmaking authority for that child will rest with one parent.
joint custody-both parents can retain parental rights concerning decisions about the child's general welfare, edu. health care, and other matters (joint legal custody)
child can alternate living in the home of the mother or father according to the schedule provided in the custody decision (joint physical custody) |
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Competency and Medications |
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Definition
| for most defendants found IST, psychoactive medications has been the treatment of choice because it is assumed to be the best intervention for retoring defendants to competence in a reasonable period of time. |
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Definition
•Points considered:
•on the risk of future offending
•the interventions needed to reduce this risk
•likelihood that the youth will respond favorably to such interventions
Juveniles tend to reoffend if they are put in the criminal court system
•Juveniles can be transferred to criminal court in different ways:
•The state legislature can determine that certain offenses must be filed directly in adult court (statutory exclusion).
•The juvenile court can decide (judicial discretion).
Prosecutors can decide (prosecutorial discretion
juvenile offending
•There are several justifications for transfer into the criminal system:
•1) charged with homicide
•2) charged with other specific violent felonies
•3) a history of prior juvenile offending
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Term
| What conditions need to be met for expert witnesses |
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Definition
ìAn expert can testify:
ìIf it is relevant to the subject
ìusefulness of the testimony outweighs whatever prejudicial impact it might have.
- sufficiently relevant and reliable scientific evidence (i.e., the Daubert/Kumho criteria
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Term
| Admissibility of lie detection tests |
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Definition
›½ of the states: a defendant takes a polygraph test with the understanding that the prosecution will drop charges if the defendant passes the test, but my use the results in court if the defendant does not pass
Defendant has passed a polygraph exam and tries to have that evidence considered in an ongoing investigation |
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Differences between polygraphs types |
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Definition
- Neuroimaging in deception detection. FMRI use scanners fitted with powerful electromagnets to measure blood flow and oxygen utilization in selected parts of the brain.
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brain Fingerprinting-uses electroencephalogram (EEG) to record electrical activity on the surface of teh scalp, relecting spontaneous acivity from the underlying cerebral cortex.
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control question test- (most popular approach)
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guilty knowledge test- the goal is to detect the presence of guilty knowledge in the suspect's mind, not to detect lying.
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Clinical evaluations v. forensic assessments (using third party assessments) |
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Laws governing Miranda Rights |
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Definition
•Confessions that violate Miranda may still be used at trial (Harris v. New York, 1971).
•Confessions by defendants who don’t fully understand the warnings may still be used at trial (Fare v. Michael C., 1979).
•Mirandadoesn’t apply unless the suspect is in police custody (Berkemer v. McCarty, 1984).
•Mirandadoesn’t apply unless the defendant is being interrogated (RI v. Innis, 1980). |
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| Different types of psychological testing (Competency) |
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Definition
SCompetency Screening Test (CST) is a 22-item sentence completion task designed as an initial screening test for incompetence.
SCompetency Assessment Instrument (CAI) is a more in-depth instrument (a structured one-hour interview) that covers 13 functions relevant to competent functioning at trial.
SInterdisciplinary Fitness Interview (IFI) is a semi-structured interview that evaluates a defendant’s abilities in five specific legal areas and assesses 11 categories of psychopathological symptoms.
Georgia Court Competency Test (GCCT) consists of 21 questions that tap three dimensions: general legal knowledge, courtroom layout, and specific legal knowledge
SMacArthur Competence Assessment Tool—Criminal Adjudication (MacCAT-CA) is a 22-item clinical version of the MacSAC-CD. This instrument begins with a hypothetical vignette about a crime, upon which the first 16 items are based. |
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| Different types of psychological testing (malingering) |
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Definition
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(assesses factual understanding of proceedings, rational understanding of proceedings, and consultation with counsel).
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| Different types of psychological testing (risk assessment) |
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Definition
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Term
Civil competence criteria |
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Definition
a competent indivudal is expected to be able to
- understand basic infomation that is relevant to making a decision
- apply that informaiton to a specific situation in order to anticipate the consequences of various choices
- use logical or reational thinking to evaluate the pros and cons of various strategies and decisions
- communicate a personal decision or choice about the matter under consideration
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Term
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Definition
- it sends criminals and troublemakers to hospitals and then frees them
- it is a defense only for the rich
- it relie too much on psychiatric experts
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