Exam 3 chapter 8

Question 1

Jared lee loughner

Answer 1

Loughner took a cab to supermarket, pulled out a handgun, opened fire on Us representative, killed people; Expelled from college until he completed a mental health eval; Talked to no one; Posted farewell message on myspace; had schizophrenia; ruled incompetent to stand trial

Question 2

schizophrenia

Answer 2

a serious mental illness whose sufferers lose touch w/ reality
-auditory hallucinations, thought disorders, delusions

Question 3

competence

Answer 3

refers to whether an individual has sufficient present ability to meaningfully participate in and perform necessary personal or legal functions.

Question 4

Competency to stand trial

Answer 4

the ability to participate adequately in criminal proceedings and to aid in one’s own defense

Question 5

If standard too ____, many individuals who lack knowledge about the system will ____ ___ ____
If too ___, many individuals lacking the ability to participate in their own defense could find themselves ______

Answer 5

1) high
2) not face trial
3)low
4) convicted

Question 6

dusky v united states

Answer 6

 Mentally ill dusky kidnapped and trainsported 15 yr old girl across state ines
 She was raped
 Dusky suffered from schizophrenia
 Was found guilty anyways
 Appelaed to supreme court
**CST refers to state at the time of the trial **

Question 7

the dusky standard

Answer 7

legal doctrine of incompetence started in 17th century
modern concept of CST was defined by US supreme court in 1960
CST at the time of the trial

Question 8

adjudicative competence

Answer 8

often used to capture the types of abilities needed to participate effectively in all stages of the legal process.
-2 components, foundational and decisional competence

Question 9

adjudicative competence: foundational competence

Answer 9

— involves the capacity to assist counsel and is essential for ensuring the fairness, dignity, and accuracy of the criminal justice system. Foundational competence implies a basic understanding of the trial process as well as the capacity to provide a lawyer with information relevant to the trial.

Question 10

Adjudicative competence: decisional competence

Answer 10

has to do with the capacity to make informed, independent decisions. an assessment of competence focuses on the defendant’s ability, not the defendant’s willingness, to perform relevant legal functions . Defendants who are unwilling to talk to their attorney are competent unless that unwillingness is based on an irrational belief system.

Question 11

10 functions of CST

Answer 11

1) ability to understand their current legal situation 2) ability to understand the charges against them 3) ability to understand the pleas available 4) ability to understand the possible penalties if they are convicted 5) ability to understand the role of the judge, defense counsel, and prosecutor
6) ability to trust and communicate with defense counsel 7) ability to help locate witnesses 8) ability to aid in developing a strategy for cross-examining witnesses 9) ability to act appropriately during the trial 10) ability to make appropriate decisions about trial strategy

Question 12

Over____ of individuals suffering from mental illness still found competence

Answer 12

2/3

Question 13

a flexible standard

Answer 13

, whether a defendant facing very serious charges in a case with complex facts may need to be more competent than someone facing less serious charges and a simpler legal proceeding. disagreement on if CST should be this way

Question 14

U.S. v. Wilson, 1968

Answer 14

held that, by itself, amnesia with regards to the crime is not sufficient for a ruling of incompetence if other sources of information (e.g., eyewitnesses, police reports, physical evidence) are available

Question 15

cooper v oklahoma; medina v california

Answer 15

established a presumption of competency to stand trial. That is, defendants are presumed to be competent unless proven incompetent, and the defense bears the burden of proving that the defendant is incompetent

Question 16

beyond a reasonable doubt (BRD),

Answer 16

governs decisions about guilt in criminal cases. Because criminal trials involve the greatest deprivation of liberty (imprisonment), a high level of certainty is required

Question 17

preponderance of the evidence standard (POE standard

Answer 17

used when determining liability. The POE standard is also used when determining CST in a criminal trial. Using this standard, the defense must prove that it is more likely than not that the defendant is incompetent. That is, the judge (or a jury in rare cases) must be more than 50% certain that the defendant is incompetent

Question 18

clear and convincing evidence (CCE) standard,

Answer 18

used when there is the possibility of a substantial intrusion on an individual’s liberty short of imprisonment (e.g., involuntary civil commitment

Question 19

Johnson v zerbst

Answer 19

a guilty plea must be knowing, voluntary, and intelligent. must know the charges against them and the potential consequences of a conviction; COMPETENCY TO PLEAD GUILTY

Question 20

competency to waive an atourney

Answer 20

“anyone who serves as his own lawyer has a fool for a client.” Some lawyers argue that simply asking to represent oneself is evidence of incompetence

Question 21

godinez v moran

Answer 21

), that separate psychological evaluations of competency to plead guilty and competency to waive an attorney are not required once a defendant has been found competent to stand trial.

Question 22

Colin ferguson

Answer 22

shot 19 ppl, very mentally ill, defended himself, found guilty 300 yrs in prison

Question 23

Indiana v Edwards

Answer 23

suffering from schizophrenia, robbed a store and shot guard, found competent, wanted to rep himself but was denied

Question 24

o Prosecutors and judges _____ object to competency evaluations

Answer 24

rarely

Question 25

o Defense attorneys tend to be ______ about ordering a CST evaluation in less serious cases because their clients may end up spending ____time incarcerated while waiting for the CST evaluation than they would have if they had been found guilty of the crime with which they were charged

Answer 25

1) cautious
2) more

Question 26

o There is no ___ ____ of evaluation, nor is there a _____ ____ for selecting and certifying the CST evaluators

Answer 26

1) set method
2) formal process

Question 27

forensic assessment instruments (FAIs)

Answer 27

a test to determine the legal knowledge and understanding

Question 28

o Minnesota Multiphasic Personality Inventory, second edition (MMPI-2

Answer 28

500+ true false questions
does not address the understanding of the legal system

Question 29

o Competency Screening Test

Answer 29

22 sentence fragments
weakness: open ended questions require training to interpret

Question 30

o competency Assessment Instrument (CAI

Answer 30

one hour interview, tests communication w/attorney, understanding legal role, and charges

Question 31

MacSAC-CD and the MacCAT-CA

Answer 31

CD longer (82) to the shorter CA (22)
hypothetical bar fight
how should fred assist his case

Question 32

o ___% of defendants who are evaluated for CST feign impairment

Answer 32

15

Question 33

malingering

Answer 33

deliberate feigning or gross exaggeration of physical or psychological symptoms in order to gain a positive outcome or to avoid a negative outcome

Question 34

Inventory of Legal Knowledge

Answer 34

tests for malingering

Question 35

o Evaluation of Competency to Stand Trial–Revised (ECST-R)

Answer 35

tests CST and for malingering, only one who tests for both

Question 36

Bona fide doubt

Answer 36

even lower standard that preponderance; at least 1 mental health professional interviews defendant

Question 37

o collateral sources of information

Answer 37

third parties who can offer information about the defendant’s behavior

Question 38

o Judges agree with evaluators ___% of the time

Answer 38

80

Question 39

ultimate issue testimony

Answer 39

experts put in their opinion on CST; answers the question at the heart of the trial.
Professionals argue inappropriate b/c its a legal issue not a psych one

Question 40

o competency for execution (CFE

Answer 40

involves different abilities than CST, and courts initially seemed to find that only a factual understanding of execution was necessary for competence. It appeared as if the courts were merely trying to prevent the execution of people who do not understand that they are facing the penalty of death.

Question 41

Panetti v quarterman

Answer 41

Supreme Court revisited the issue of CFE
 he Supreme Court ruled that a criminal defendant needs to have more than a mere factual awareness of the state’s justification for execution and that Panetti’s mental illness may have prevented him from understanding and appreciating the meaning of and reason for his punishment

Question 42

madison v alabama

Answer 42

 The Court reasoned that when a person suffering from a mental illness cannot comprehend the societal judgment that is the basis for execution, then the punishment has no retributive value; didnt remember crime

Question 43

o restoration of competency to stand trial

Answer 43

acquisition or reacquisition of the abilities needed to assist one’s attorney, understand the legal proceedings, and so on.

Question 44

___% competency gets restored and they face trial

Answer 44

75

Question 45

Jackson decision limits confinement to

Answer 45

4-18 months

Question 46

Sell v united states

Answer 46

medicated against your will
forcibally medicated should only happen in rare circumstances

Question 47

CST should be automatically triggered for juveniles when:

Answer 47

: is 12 years old or younger, has been previously diagnosed as developmentally disabled or as suffering from a mental illness, has a learning disability, is of low or “borderline” intelligence, or shows significant deficits in attention, memory, or understanding of reality.