Competence & Insanity

Question 1

Competence refers to…

Answer 1

Mental state at the present time

Question 2

What are the 2 areas of competence?

Answer 2

Civil
Criminal

Question 3

Civil competence refers to…

Answer 3

the testamentary capacity to write a will

Question 4

How is criminal competence evaluated?

Answer 4

Competence to Stand Trial (CST)

Question 5

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

Answer 5

CST

Question 6

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

Answer 6

20%

Question 7

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

Answer 7

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

Question 8

What does “pressing” refer to?

Answer 8

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

Question 9

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

Answer 9

Person
Time
Place
Events

Question 10

What are different types of criminal competency evaluations?

Answer 10

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

Question 11

What is the Georgia Court Competency Test?

Answer 11

25 items assessing courtroom layout and legal knowledge

Question 12

What dos the Georgia Court Competency Test assess?

Answer 12

Factual and rational understanding

Question 13

What does the MacArthur Competence Assessment Tool assess?

Answer 13

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

Question 14

What occurs if someone is found Incompetent to Stand Trial?

Answer 14

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

Question 15

What occurs if CST can’t be restored?

Answer 15

Release or commitment

Question 16

What is the CST restoration rate?

Answer 16

75% restored within 6 months

Question 17

What are other competencies (pretrial)?

Answer 17

Waive Miranda Rights
Confessions
Plead guilty
Represent yourself

Question 18

Pretrial competency - Waive Miranda Rights

Answer 18

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

Question 19

Pretrial competency - Confessions

Answer 19

Questions about evaluations to actually give a legitimate confession

Question 20

Pretrial competency - Plead guilty

Answer 20

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

Question 21

Pretrial competency - Represent yourself

Answer 21

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

Question 22

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

Answer 22

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

Question 23

The Charles Singleton Case is an example of…

Answer 23

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

Question 24

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

Answer 24

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

Question 25

What is "Age of criminality responsibility"?

Answer 25

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)

Question 26

Competence of Juveniles – Roper v. Simmons (2005)

Answer 26

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

Question 27

What is Sanity?

Answer 27

a state of mind at the time of the crime

Question 28

What does Insane mean?

Answer 28

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

Question 29

What principle is NGRI based on and why?

Answer 29

Mens rea - "guilty mind" Based on intention and premeditation

Question 30

Insanity is a _____ term

Answer 30

legal (not psychological or scientific)

Question 31

What were previous standards of insanity?

Answer 31

The wild beast standard (1724)

Question 32

What is the wild beast standard?

Answer 32

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

Question 33

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

Answer 33

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

Question 34

What is feigning?

Answer 34

Malingering Faking an illness to avoid prosecution

Question 35

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

Answer 35

Guides how we now decide what constitutes legal sanity and insanity

Question 36

What is irresistible Impulse

Answer 36

Cannot stop yourself

Question 37

irresistible Impulse - Volition test

Answer 37

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

Question 38

Irresistible Impulse - Lorena Bobbitt Case (1993)

Answer 38

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

Question 39

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

Answer 39

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

Question 40

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

Answer 40

federal

Question 41

What ae the issues with ALI standard of insanity?

Answer 41

Too broad Hard to assess/evaluate

Question 42

What is diminished capacity?

Answer 42

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

Question 43

What is a came example of diminished capacity?

Answer 43

Dan White (1978) Twinkie defense

Question 44

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

Answer 44

John Hinckley, Jr trial

Question 45

What case had outcome of Insanity Defense Reform Act

Answer 45

John Hinckley, Jr. trial

Question 46

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

Answer 46

* 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”)

Question 47

Guilt But Mentally Ill verdict (GBMI) and example

Answer 47

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

Question 48

What is Automatism?

Answer 48

Actions without full awareness A type of diminished capacity

Question 49

What is an example of automatism?

Answer 49

Dissociative disorders - depersonalization, derealization

Question 50

What is a case example of automatism?

Answer 50

Schott Falater (1997) Sleepwalking and murdered his wife

Question 51

What are FALSE myths about insanity

Answer 51

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