Chapter 19 Pt2 Flashcards
what does the 14th amendment provide
right to due process of law
what is competence
legal term of the capacity to understand, rationally manipulate, and apply information to make a reasoned decision on a specific issue
what amendments to the constitution are the basis for the law that someone cannot be tried if they are not mentally competent to stand trial
6th and 14th
when should competency to stand trial be considered
significant mental health problems
behaving irrationally in court
to stand trial a defendant must:
understand the charges against him or her
be familiar with the courtroom personnel
have the ability to work with an attorney and participate in her or her tiral
understand possible consequences
if someone is mentally ill are they automatically not competent for trial
no
what is “insanity”
legal term and the definition varies by state
if someone is declared legally insane what does that mean
they are not criminally responsible for their act
condition of a crime requires what
“even deed” (actus reus) and “evil intent” (mens rea)
not guilty by reason of insanity (NGRI) is use in how many criminal cases
less than 1%
not guilty by reason of insanity (NGRI) is successful in what percent of cases that use it throughout the trial
26%
people found not guilty by reason of insanity (NGRI) typically end up where
spending more time than they would have in prison in involuntary inpatient psychiatric facility
what is the most stringent test to determine insanity defense standards
M’Naghten
requires person to not understand what he/she was doing or its wrongfulness
in predicting dangerousness there are HIGH FALSE POSITIVES why
low base rates (most people are not violent)
what are major risk factors of violence
history of violence being young male lower socioeconomic status SUBSTANCE USE
what is the American Law Institute (ALI) Model Penal Code Insanity Defense Standards
person could neither appreciate the criminality of her/her conduct nor conform his conduct to the requirements of the law
what is the irresistible Impulse Insanity Defense Standard
person could not appreciate right from wrong or could not control actions
what is the correlation of mental illness with violence
people with mental illness more likely to be victim of violence than those perpetrating it
what is malingering
feigning or exaggerating symptoms for "secondary gain": financial gain (injury law suit) avoiding school, work, responsibilities abating medications of abuse avoiding legal consequences
what are signs for detecting malingering
atypical presentation
“textbook” description of illness
history of working int eh medical field
symptoms that are present only when the patient knowns he/she is being observed
history of substance use or antisocial personality disorder
when are child forensic psychiatrist needed
child custody
termination of parental rights
child abuse or neglect
with closing of state psychiatric hospitals (deinstitutionalization) what has happened
more and more in correctional institutions
with psychiatrists in jails and prisons issues are key
confidentiality and violence
