Competency and Insanity Flashcards
What is competency in legal terms?
A legal, not psychological, concept about the defendant’s ability to understand and participate in legal proceedings.
What is the most common type of competency evaluation?
Competency to Stand Trial (CST).
At what stage of the legal process is CST relevant?
During trial proceedings (including pleading guilty).
What case established the modern CST standard?
Dusky v. United States (1960).
What is the Dusky two-part test?
1) Understand the charges and legal proceedings,
2) Ability to assist in one’s own defense.
What is the burden of proof for CST?
Defense must prove incompetency by a preponderance of the evidence.
What are some tools used to assess CST?
CST Screening Test (CSTST)
CST Assessment Instrument (CSTAI)
Interdisciplinary Fitness Interview (IFI-R)
Georgia Court Competency Test (GCCT)
MacArthur Competence Assessment Tool (MacCAT-CA)
What tools assess malingering?
M-FAST, TOMM.
Can a defendant be forced to take medication to restore CST?
Yes, especially if deemed dangerous (Sell v. United States).
Name other types of legal competency.
Competence to waive Miranda, refuse the insanity defense, be sentenced, be executed, etc.
What makes Ralph Tortorici’s case significant?
It raises questions about CST in the legal vs. clinical sense.
Is insanity a psychological or legal concept?
Legal — it is an excuse defense based on mental illness.
How often is the insanity defense used?
Used in ~1% of trials; only 25% of those are successful (NGRI).
What percent of insanity cases involve murder?
Less than 5%.
What is the ALI (MPC) Test?
Due to mental illness, lacked substantial capacity to appreciate wrongfulness or conform behavior.
What is the M’Naghten Rule?
Due to mental illness, the defendant did not know the nature of the act or that it was wrong.
What federal act changed the insanity defense?
Insanity Defense Reform Act of 1984.
What case prompted the Insanity Defense Reform Act?
John Hinckley Jr.’s attempted assassination of President Reagan.
Do different insanity standards affect verdicts in mock trials?
Not significantly; jurors rely more on personal beliefs and context.
What did the 1984 Act change?
Removed the volitional prong, shifted burden of proof, limited expert testimony.
Why do insanity definitions often fail in practice?
Poor comprehension of legal standards, individual juror beliefs, use of commonsense reasoning.
What’s required to assess legal insanity?
Review of records, interviews, mental health history, and behavior at the time of the crime.
What is the R-CRAS?
Rogers Criminal Responsibility Assessment Scales — assesses 25 quantifiable variables across 5 domains.
What does R-CRAS evaluate?
Organicity, Psychopathology, Cognitive control, Behavioral control, Reliability of report.
What happens to those found NGRI?
Committed to a secure mental health facility; potentially longer than a prison term.
Are NGRI defendants more dangerous after release?
Evidence suggests equal or lower recidivism rates compared to typical offenders.
What types of release are available for NGRI individuals?
Conditional and unconditional release.
What is GBMI?
A verdict where defendants are guilty but also mentally ill; sent to treatment first, then prison.
Is GBMI effective in ensuring treatment?
No consistent evidence; may lead to harsher sentencing.
