Chapter 5

Question 0

Circumstances surrounding a crime that heighten its seriousness for purposes of sentencing. An example would be an excessively heinous or cruel method of carrying out a crime, such as a torture murder.

Answer 0

Aggravating factors

Question 1

The ability to participate in a variety of court proceedings. See also, incompetence to stand trial.

Answer 1

Adjudicative competence

Question 2

Refers to a judicial process in which an offender faces a potential death sentence.

Answer 2

Capital sentencing

Question 3

Legal standard achieved when the truth of the facts asserted is highly probable but does not reach the standard of proof beyond a reasonable doubt.

Answer 3

Clear and convincing proof

Question 4

Sentence completion examination intended to provide a quick assessment of a defendant’s competency to stand trial. The test taps the defendant’s knowledge about the role of the lawyer and the rudiments of the court process.

Answer 4

Competency screening test

Question 5

Assessment usually designed to determine whether a defense of insanity can be supported. Also called “mental state at time of offense” evaluation

Answer 5

Criminal responsibility evaluation

Question 6

Cautionary warning that the death penalty is an unusually severe punishment, unusual in its pain, in its finalty, and in its enormity. Consequently, all decisions in death penalty cases should be carefully weighed.

Answer 6

Death-is-different principle

Question 7

In capital cases, attempts by the defense team to reduce or avoid the sentence of death for their client based on factors that lessen the offender’s culpability. Examples of mitigating factors are age and a long history of violent vitimization.

Answer 7

Death penalty mitigation

Question 8

Assessment of both a defendant’s competency to stand trial and criminal responsibility during the same evaluation.

Answer 8

Dual-purpose evaluations

Question 9

Refers to psychologists offering treatment to a patient who also form other relationships with the patient or evaluate them for other purposes, e.g., competency to stand trial. Such dual relationships are in violation of ethical codes and are forbidden.

Answer 9

Dual-relationship

Question 10

Relates to juvenile and adult competency to stand trial and decision-making abilities. The rule holds that defendants must be able to understand and appreciate the criminal proceedings against them and be able to assist their attorneys in their defense.

Answer 10

Dusky standard

Question 11

Conducted by psychologists and psychiatrists consulting with criminal courts. Comptency to stand trial assessments and criminal responsibility evaluations are prominent examples.

Answer 11

Forensic mental health assessments (FMHAs)

Question 12

Short examination for initial screening for mental competency

Answer 12

Georgia court competency test (GCCT)

Question 13

A verdict alternative in some states that allows defendants to be found guilty while seemingly affording them treatment for mental disorders.

Answer 13

Guilty but mentally ill

Question 14

Historical/Clinical/ Management Risk Scale for evaluating risk in offenders and inmates.

Answer 14

HCR-20

Question 15

In the legal context, this term describes a judicial determination that an individual’s degree or quantity of mental disorder relieves him or her of criminal responsibility for illegal actions.

Answer 15

Insanity

Question 16

Procedure for committing a mentally disordered individual in need of treatment to a treatment facility

Answer 16

Involuntary civil commitment

Question 17

Used by clinicians to evaluate competence to stand trial

Answer 17

Macarthur Competence Assessment Tool- Criminal Adjudication (MacCAT-CA)

Question 18

Response style in which the individual consciously fabricates or grossly exaggerates his or her systems.

Answer 18

Malingering

Question 19

Conditions which, while not completely exonerating a defendant, might at least reduce the punishment if he or she is convicted. An example would be evidence of a childhood marred by extensive physical or sexual abuse.

Answer 19

Mitigating factors

Question 20

Proof that one side in a legal dispute has more evidence in its favor than the other. It is the standard required in most civil suits and may be relevant to criminal proceedings as well.

Answer 20

Preponderance of evidence

Question 21

Drugs that exert their primary effect on the brain, thus altering mood or behavior

Answer 21

Psychoactive medication

Question 22

In criminal law, the process by which a person who was found incompetent to stand trial is rendered competent, such as by medication or psychological treatment

Answer 22

Restoration to competency

Question 23

Forensic examination designed to detect malingering

Answer 23

Rogers criminal responsibility assessment scales (R-CRAS)

Question 24

Evaluates an individual’s risk of committing violence against a spouse or intimate partner.

Answer 24

SARA

Question 25

Statutes addressing the fact that sex offender treatment programs within a secure facility should be followed up in the community to achieve maximum treatment outcomes.

Answer 25

Sexually violent predator statutes