Exam 2 - Lecture's 13 Flashcards
Insanity -
Refers to state of mind at _________
time of crime
_________ -
Refers to state of mind at time of crime
Insanity
Insanity defense-
Built on principle that people who commit crimes without full _________ should not be held fully awareness for their actions
-awareness
Retribution or just deserts perspective
-Suggests punishment should be _________ to harm committed
proportionate
_________ -
-Built on principle that punishment should be used to learn consequences of crimes
Deterrence perspective
Deterrence perspective
-Built on principle that punishment should be used to learn _________ of crimes
consequences
Insanity defense -
- Used in less than ___% of all felony cases
- Less than one-third involves victim death
- Fails in ___% cases
- 1
- 70
Insanity defense -
- Used in less than 1% of all felony cases
- Less than one-third involves _________
- Fails in 70% cases
victim death
NGRI defendants spend slightly longer time in _________ than those who do not use defense.
custody
_________ -
Pleading diminished capacity if capacity or the mens rea for certain crimes is lacking
Mens rea defenses
_________ : defendant’s capacity to function meaningfully and knowingly in a legal proceeding.
Competence
Competence: defendant’s capacity to function meaningfully and knowingly in a _________ proceeding.
legal
Competence is tied to legal principle:
Criminal proceedings should NOT be forced upon someone who cannot understand their _________ and purpose
-nature
Law requires competent defendants for other reasons:
- Need to understand _________ to participate in defense
- Punishment serves no purpose if those convicted do not understand reasons for _________
- charges
- punishment
Competence is a “_________”, not a “_________”, concept
- legal
- psychological
Adjudicative Competence
Encapsulates “competence” in the criminal justice system. Includes:
- Competence to _________
- Competence to _________
- Plead Guilty
- Stand trial
-Evaluating Competence-
Mental health professional takes two things into consideration
- _________ Competence: Does defendant have capacity to assist counsel?
- _________ Competence: Does defendant have capacity to make decisions?
- Foundational
- Decisional
Foundational Competence Three Requirements:
- The ability to understand the basic elements of the _________ system (prosecutor, judge, jury)
- The ability to inform their attorney of _________ relevant to the case
- The ability to understand their situation as a _________ defendant
- adversary
- information
- criminal
Decisional Competence Four Requirements:
- The ability to _________ information relevant to the decisions they must make (pleading guilty, waiving a jury trial)
- The ability to think rationally about alternatives involved in the decisions
- The ability to appreciate decisions that need to be made in their best _________
- The ability to make a choice among the available defense strategies
- understand
- interest
Decisional Competence Four Requirements:
- The ability to understand information relevant to the decisions they must make (pleading guilty, waiving a jury trial)
- The ability to think _________ about alternatives involved in the decisions
- The ability to appreciate decisions that need to be made in their best interest
- The ability to make a choice among the available defense _________
- rationally
- strategies
Evaluating Competence:
Crucial question:
Does the disorder impair defendant’s ability to participate knowingly and _________ in proceedings and to _________ with attorney?
- meaningfully
- cooperate
Psychosis or mental retardation do NOT automatically render defendant _________
incompetent
Competency Screening Test (1971)
Defendant completes ___ sentence fragments
22
MacArthur Structured Assessment of the Competence of Criminal Defendants (MacSAC-CD):
Widely used
___ items related to hypothetical vignette (bar fight)
-Defendant answers questions about ________ case
-Three abilities are assessed:
–Understanding of the legal system
–Reasoning skills
–Defendant’s appreciation for his/her own circumstances
- 82
- hypothetical
