forensic psych Flashcards
minors are considered emancipated if
self-supporting; in the military; married; have children
difference between capacity and competence
capacity is a clinical term and may be assessed by doctors; competence is a legal term and can be decided by a judge; capacity can fluctuate over time
M’Naghten test
addresses whether the paitent comprehends the measure and quality of his or her actions and whether he or she know that his or her actions are wrong
insanity defense standard M’Naughten
person did not understand what he was doing or its wrongfulness; most stringent test
american law institute model penal code standard
person could not appreciate right from wrong OR could not control actions (also known as irresistible impulse test)
Durham standard for insanity defense
the person’s crminal act has resulted from mental illness; most lenient test and is rarely used