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Forensic Psych > Competence & Insanity > Flashcards

Competence & Insanity Flashcards

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1
Q

Competence refers to…

A

Mental state at the present time

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2
Q

What are the 2 areas of competence?

A

Civil
Criminal

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3
Q

Civil competence refers to…

A

the testamentary capacity to write a will

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4
Q

How is criminal competence evaluated?

A

Competence to Stand Trial (CST)

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5
Q

What is the most common evaluation and has 60,000+ done a year?

A

CST

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6
Q

__% of those evaluated for CST are found incompetent to stand trial (IST)

A

20%

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7
Q

Criminal competency stems from _______ common law
“M___ by ______” vs “v________ by G__”

A

English
“Mute by malice” vs “visitation by God”

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8
Q

What does “pressing” refer to?

A

stacking rocks on you until you spoke or until rocks crush you

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9
Q

Until the 1960s, criminal competence was just oriented. What does this involve?

A

Person
Time
Place
Events

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10
Q

What are different types of criminal competency evaluations?

A

Clinical interview
Psychological tests
Specific competency instruments e.g. Miranda plea

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11
Q

What is the Georgia Court Competency Test?

A

25 items assessing courtroom layout and legal knowledge

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12
Q

What dos the Georgia Court Competency Test assess?

A

Factual and rational understanding

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13
Q

What does the MacArthur Competence Assessment Tool assess?

A
  1. Understanding of legal system
  2. Appreciation of own case
  3. Reasoning abilities
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14
Q

What occurs if someone is found Incompetent to Stand Trial?

A

Treatment + education until CST can be restored
Confinement must be limited

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15
Q

What occurs if CST can’t be restored?

A

Release or commitment

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16
Q

What is the CST restoration rate?

A

75% restored within 6 months

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17
Q

What are other competencies (pretrial)?

A

Waive Miranda Rights
Confessions
Plead guilty
Represent yourself

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18
Q

Pretrial competency - Waive Miranda Rights

A

MRCI - to determine whether the person was competent to waive their Miranda rights

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19
Q

Pretrial competency - Confessions

A

Questions about evaluations to actually give a legitimate confession

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20
Q

Pretrial competency - Plead guilty

A

Was the person of sound mind when they entered their plead?

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21
Q

Pretrial competency - Represent yourself

A

Pro Se - Standard for competency is higher for this
Means to serve as your own counsel

22
Q

Competence to be Executed - Fort v. Wainwright (1986)

A

USSC: cruel and unusual punishment to execute prisoner who doesn’t understand
1. Execution (fact of death)
2. Reason for execution

23
Q

The Charles Singleton Case is an example of…

A

Involuntary Competence to be Executed
(diagnosed schizophrenic on death row)

24
Q

Competence of Juveniles:
o Juveniles (minors) generally treated __________
o But: every state permits juveniles to be tried as ______ for certain ______

A

o Juveniles (minors) generally treated differently
o But: every state permits juveniles to be tried as adults for certain crimes

25
Q

What is “Age of criminality responsibility”?

A

can’t be blamed in the same way as an adult
(at the federal level, they don’t charge children below the age of 11 due to mental capability)

26
Q

Competence of Juveniles – Roper v. Simmons (2005)

A

USSC decision: juveniles can’t be executed
Christopher Simmons, age 17 was tried as an adult

27
Q

What is Sanity?

A

a state of mind at the time of the crime

28
Q

What does Insane mean?

A

no “criminal responsibility” for acts
= Not Guilty by Reason of Insanity (NGRI)

29
Q

What principle is NGRI based on and why?

A

Mens rea - “guilty mind”

Based on intention and premeditation

30
Q

Insanity is a _____ term

A

legal (not psychological or scientific)

31
Q

What were previous standards of insanity?

A

The wild beast standard (1724)

32
Q

What is the wild beast standard?

A

English law
“totally deprived of understanding”
No more than an infant or wild beast
(lack of reason)

33
Q

Insanity - Richard Lawrence (1835) case is an example of what?

A

Total vs partiality vs feigning
Attempted to kill Andrew Jackson, President at the time

34
Q

What is feigning?

A

Malingering
Faking an illness to avoid prosecution

35
Q

What was most influential from The M’Naghten Rule (1843)

A

Guides how we now decide what constitutes legal sanity and insanity

36
Q

What is irresistible Impulse

A

Cannot stop yourself

37
Q

irresistible Impulse - Volition test

A

Focus on self-control (ability to restrain yourself)
E.g., Policeman at the elbow instructions

38
Q

Irresistible Impulse - Lorena Bobbitt Case (1993)

A

o Acquitted of malicious wounding due to “irresistible impulse” related to PTSD
o She was repeatedly raped and abused
o Spent 45 days in mental hospital
o Jury came to conclusion of NGRI

39
Q

What is the American Law Institute (ALI) standard for Insanity?

A

Due to mental illness, lacks substantial capacity to:
1. “Appreciate wrongfulness of actions” OR
2. “Conform conduct to requirements of law”

40
Q

The ALI Insanity standard became the _______ standard and it used by many states

A

federal

41
Q

What ae the issues with ALI standard of insanity?

A

Too broad
Hard to assess/evaluate

42
Q

What is diminished capacity?

A

“substantial” capacity (“reduced” sanity)
Amount of mens rea (guilty mind)

43
Q

What is a came example of diminished capacity?

A

Dan White (1978)
Twinkie defense

44
Q

Which case was an attempted assassination of Ronald Reagan in 1981 to impress actress Jodi Foster?

A

John Hinckley, Jr trial

45
Q

What case had outcome of Insanity Defense Reform Act

A

John Hinckley, Jr. trial

46
Q

The IDRA (1984) had strict federal guidelines which are: (4)

A
  • Presumed sane (burden of proof on defense)
  • Only cognitive test (know right vs wrong)
  • Product of definite, severe mental disorder
  • Limits on expert opinion (“ultimate issue”)
47
Q

Guilt But Mentally Ill verdict (GBMI) and example

A

Alternative in some states:
Committed for treatment
If sanity restored, serve sentence
John DuPont murder case (1996) –> shot Olympic Champion

48
Q

What is Automatism?

A

Actions without full awareness
A type of diminished capacity

49
Q

What is an example of automatism?

A

Dissociative disorders - depersonalization, derealization

50
Q

What is a case example of automatism?

A

Schott Falater (1997)
Sleepwalking and murdered his wife

51
Q

What are FALSE myths about insanity

A

Insanity pleas can be easily faked
Insanity pleas are used all the time
Insanity pleas allow criminals to routinely escape punishment

Forensic Psych (8 decks)

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