FORENSICS FINAL Flashcards
Legal citations are in the following order:
Volume number, name of periodical, page number
What are examples of affirmative defenses?
Insanity, Duress, Entrapment
Standard of proof in civil trials?
Preponderance of the evidence
Standard of proof in civil commitment hearings?
Clear and convincing
Standard of proof in termination of parental rights?
Clear and convincing
Standard of proof in criminal trials?
Beyond a reasonable doubt
What amendment guarantees a right to assitance of counsel?
6th Amendment
What amendment guarantees equal protection?
14th Amendment
What amendment was cited in Ford v. Wainwright?
8th Amendment
Which type of dismissal by a court is for insufficient cause for action?
Demurrer
In law, which word applies to general-intent crimes but not to speicif-intent crimes?
Recklessly
General acceptance test
Frye test
The issue before the Supreme Court in this case was the permissibility of criminal sanctions for status crimes under the 14th amendment due process clause
Robinson v. California
The issue before the Court in this case was whether the 14th amendment prohibited states from criminalizing public intoxication as either a “status” or as a behavior that was a non-volitional result of a disease
Powell v. Texas
In this case, the Court rejected a constitutional doctrine of criminal responsibility
Powell v. Texas
In Powell v. Texas, the U.S. Supreme Court declined to define a constitutional test of what?
Insanity
In this case, it was opined that an alcoholic’s urge to drink is “not completely overpowering.”
Powell v. Texas
A guilty plea that represents a voluntary and intelligent choice among the alternatives available to the defendant, especially one represented by competent counsel, is NOT compelled within the meaning of the 5th amendment because it was entered to avoid the possibility of the death penalty
North Carolina v. Alford
You are employed by the state mental forensic hospital. You receive a call from the DOC notifying you that they have an inmate with MH needs that cannot be met at their prison and they are transferring him to you. What do you do?
Inquire if there has been a VITEK hearing regarding the proposed transfer
A person is not responsible for his criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to confirm his conduct to the requirements of the law. Rule?
American Law Institute Rule (1955)
The accused is not criminally responsible if his unlawful act is the product of mental disease or defect. Case
Durham (1954)
To establish a defense on the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it that he did not know he was doing what was wrong. Case?
M’Naughten (1843)
In the M’Naughten case, who established that every man has a presumption of sanity?
The law lords
The standard for competency to stand trial is not the same as the standard for competency to waive counsel and go to trial pro se (in one’s own behalf). Case?
Indiana v. Edwards
In Ibn-Tamas v. United States, what did the appellate court hold?
That the trial court erred in precluding the psychologist’s testimony because it would not invade the province of the jury - either on the ultimate issue or on a “beyond the ken” (you do not know or understand it) basis
The Court ruled that a state must provide an indigent criminal defendant with free psychiatric assistance in preparing an insanity defense if the defendant’s sanity at the time of the crime is in question. Case?
Ake v. Oklahoma
When the state seeks the death penalty on the ground that the defendant presents a danger to society, an indigent defendant is constitutionally entitled to psychiatric assistance in rebutting the assertion. Case?
Ake v. Oklahoma
The holding in Ake v. Oklahoma was based on what amendment?
14th amendment’s guarantee of due process
This case can be viewed as an extension of the Gideon v. Wainwright ruling
Ake v. Oklahoma
The U.S. Supreme Court held that what right had been violated in Foucha v. Lousiana?
14th Amendment due process rights
Four USSC Justices wrote that what right had been violated in Foucha v. Lousiana?
14th Amendment equal protection rights
Insanity acquittees may not be held unless they are both mentally ill and dangerous. Case?
Foucha v. Lousiana
Landmark cases cited in this case include: Jones v. U.S., Zinermon v. Burch, Vitek v. Jones, Youngberg v. Romeo, and Jackson v. Indiana.
Foucha v. Lousiana
Charge in Jones v. U.S. was what?
Misdemeanor
The Court stated that it had never held that “violence” was a prerequisite for constitutional commitment. Case?
Jones v. U.S.
An insanity acquittee is not entitled to release if his period of hospitalization is longer than the period of incarceration if he had been convicted.
Jones v. U.S.
The Kansas Sexually Violent Predator Act required the state to annually show that a person would remain a “sexually violent predator” using the beyond a reasonable doubt standard. Case?
Hendricks v. Kansas
Total loss of volitional control is not required to justify civil commitment. Case?
Kansas v. Crane
In Allen v. Illinois, what amendment was not violated?
5th
In Specht v. Patterson, what right was violated?
14th Amendment due process clause
The Supreme Court held that the 14th amendment due process clause was violated by not giving Specht the following 6 protections: the right to be present with counsel, to have notice, to have a hearing, to confront the evidence against him, to cross-examine witnesses, and to offer his own evidence and be heard.
Sex Offenders Act constituted a new criminal punishment, therefore requiring due process. Case?
Specht v. Patterson
What Amendments were violated in Estelle v. Smith?
5th and 6th Amendment
Dr. Grigson had not warned him that statements he made in the court appointed competency hearing could be used against him at sentencing (violating his 5th amendment rights) nor had his attorney been
informed of the competency evaluation (violating his 6th amendment right to effective assistance of counsel).
The use of hypothetical questions on future dangerousness was allowed at the death penalty phase. Case?
Barefoot v. Estelle
In this case the issue was if the 8th Amendment erects a per se bar prohibiting a capital sentencing jury from considering victim impact evidence or precluding a prosecutor from arguing such evidence at a capital sentencing hearing.
Payne v. Tennessee
SC reversed itself - violated doctrine of stare decisis.
8th amendment was NOT violated
Payne v. Tennessee: the issue was if the 8th Amendment erects a per se bar prohibiting a capital sentencing jury from considering victim impact evidence or precluding a prosecutor from arguing such evidence at a capital sentencing hearing. Outcome?
SC reversed itself - violated doctrine of stare decisis.
8th amendment was NOT violated
What is the standard for competency to stand trial in federal court
“unable to understand the nature and consequences of the proceedings against him or to assist in his defense.”
Dusky = includes rationality
In Jackson v. Indiana, the SC reversed the Indiana SC’s argument based on a violation of Jackson’s what two rights?
Equal protection rights
Due process rights
The SC held that coercive police activity is a necessary predicate to finding that a confession is not “voluntary” within the meaning of the due process clause of the 14th amendment. Case?
Colorado v. Connelly
The SC held that total lack of volitional control was not necessary to commit an individual as a sexual violent predator. Case?
Kansas v. Crane
Carrying the burden of persuasion by requiring the defense to show clear and convincing evidence of competency to stand trial violates the substantive component of the due process clause of the constitution. Case?
Cooper v. Oklahoma
Carrying the burden of persuasion by requiring the defense to show clear and convincing evidence of competency to stand trial violates the substantive component of the due process clause of the constitution. Case?
Cooper v. Oklahoma
DUE PROCESS - substantive component
The Due Process Clause of the Constitution does not require a higher standard for competence to plead guilty or waive the right to counsel than competency to stand trial. Case?
Godinez v. Moran
“Due process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed.” Case?
Jackson v. Indiana
The involuntary transfer of a prisoner while serving a prison sentence to a mental hospital impinges on a liberty interest protected by the Due Process Clause of the 14th Amendment. Case?
Vitek v. Jones
Following cases all involve the death penalty except:
Payne v Tennessee Foucha v Louisiana Estelle v. Smith Barefoot v. Estelle State v. Perry
Foucha v Louisiana
The extension of a prisoner’s prison term at the end of his criminal sentence by civil commitment to a psychiatric hospital violates the Equal Protection Clause of the 14th Amendment. Case?
Baxstrom v. Herald
Dusky v. US is to Jackson v. Indiana as Durham v. U.S. is to:
Foucha v. Louisiana
Substantive due process - Louisiana violated the
Jackson requirement that the nature of commitment bear
some reasonable relation to the purpose for which the
individual is committed.)
The quote, “Even one day in prison would be cruel and unusual punishment for the crime of having a common cold,” is from which case?
Robinson v. California
A defendant with ID is found IST, not restorable, placed on MH conservatorship - case?
Jackson v. Indiana
Which Amendment prohibits the execution of an “insane” person?
8th Amendment
The Model Penal Code (also known as the ALI test) combines what two concepts?
M’Naughten and the irresistible impulse concept.
M’Naughten can be considered a combo of what?
wild beast test (nature and quality of the act) and the right-wrong test
For the crime of homicide, malice aforethought is necessary for conviction of 1st or 2nd degree homicide. This is true for what type of crime?`
Specific intent crimes
According to the Supreme Court’s decision in Foucha vs. US, an NGRI acquittee has been restored to sanity if he or she…
No longer poses a danger to others due to mental illness
The panel in Washington v. Harper consisted of whom?
Psychiatrist, psychologist, and administer
Execution of the mentally retarded is unconstitutional. Case?
Atkins v. Virginia
Involuntary medication solely to restore competency for execution is cruel and unusual punishment
State v. Perry
Involuntary antipsychotic medication may be administered even if it returns a person to competency to be executed
Singleton v. Norris
The execution of an offender who was less than 18 at the time of the crime is unconstitutional
Roper v. Simmons
Due Process Clause permits the state to treat a prison inmate who has a SMI w antipsychotic drugs against his wll, if he is dangerous to himself or others and the tx is in his medical interest
Washington v. Harper
SC held that an inmate’s right against self-incrimination had been violated when a psychiatrist conducted a competency to stand trial eval and later used the info in the sentencing hearing
Estelle v Smith
Which case dealt with a psychiatrist’s ability to predict future dangerousness at capital sentencing hearing based on hypothetical questions
Barefoot v. Estelle
In Singleton v. Norris, what did the 8th circuit of appeals hold?
Forced medication of a mentally ill inmate under the harper standard does not violate due process once an execution date is set.
The SC of Missouri overturned the death sentence of Simmons in light of what?
“Evolving standards of decency” regarding the execution of juveniles.
Mentally Disordered Offenders are civilly committed patients - true or false?
TRUE
Definition of “minimal risk” in prisoner research guidelines:
No more psychological or physical discomfort or harm than is encountered in a routine medical exam
Test of executive functioning which specifically measures novel problem solving and mental flexibility
Wisconsin Card Sorting Test
______, as used in the criminal law, is the appropriate test for “deliberate indifference.” Permitting a finding of recklessness only when a person has disregarded a risk of harm of which he was aware is a familiar and workable standard that is consistent with the Cruel and Unusual Punishments Clause as interpreted in this Court’s cases.
Subjective recklessness
40 year old married plumber who admitted to having had sex w his 14 year old daughter on several occasions
Statistically less likely to reoffend
who holds the burden of persuasion for sanity and what is the burden of proof?
Clear and convincing evidence by the defense
in Rock v Arkansas what rights were violated?
5th (right to testify on one’s own behalf), 6th (right to call witness), and 14th amendment (due process right to offer testmony)
The decision is consistent with the 1982 California SC case of People v. Shirley
Rock v. Arkansas
Holding in Rock v. Arkansas?
Arkansas’ per se rule excluding all hypnotically refreshed testimony infringes impermissibly on a criminal defendant’s right to testify on his own behalf. It violates the defendant’s Fifth, Sixth, and Fourteenth Amendments.
Holding in People v. Shirley?
Excluded hypnotically refreshed testimony per se from witnesses. HOWEVER it explicitly excepted testimony by an accused.
Clear and convincing evidence standard? (4)
Civil commitment, termination of parental rights, deportation, denaturalization
Criteria are provide for trial judges provided regarding amnesia and effects on defendants
Wilson v. US
Discussed Dr. Lenore Walker’s research on battered women
Ibn-Tamas v US
Daubert standard applies to non-scientific testimony
Kumho Tire Compnay v Carmichael
Cannot involuntarily hospitalize an individual “without more”
O’Connor v. Donaldson
Discussed reasons why a defendant may prefer not to plead NGRI
Frendak v US
Established clear and convincing evidence as minimum standard for involuntary commitment
Addington v Texas
States can statutorily ban the consideration of voluntary intoxication in determining mental state at the time of a crime
Montana v Egelhoff
SSI or SSDI: Based on needs determination
SSI
SSI or SSDI: Administered by the Social Security Administration
Both
SSI or SSDI: H/o contributions via FICA
SSDI
SSI or SSDI: work-related injury
Neither
SSI or SSDI: Minimum income
SSI
The SSA specified how many diagnostic categories for children?
12
The case of School Board v Arline has had a significant influence on cases involving:
HIV
In Bragdon v Abbott, the Supreme Court held that:
Asymptomatic HIV is a disability under the ADA
In Bragdon v Abbott, the “life activity” that defined the plaintiff’s disability was:
child-bearing (HIV limits reproduction)
In essence Olmsted v L.C. addresses:
community placement
The SC’s holding in Pennsylvania v Yeskey established that:
The ADA apples to prison inmates
Which disorder is excluded as a qualifying dx under the ADA?
Gender Identity Disorder
In what case was subjective recklessness established as the mens rea for deliberate indifference?
Farmer and Brennan
In which case did the USSC state that an inmate’s equal protection rights were violated?
Baxstrom v Herald
What principle governs the tx of pre-trial detainees regarding medical care?
Due process
Which case provided guidelines of planning mental health services in a correctional setting?
Ruiz v Estelle
An individual appointed in prison condition cases to oversee court mandated remedial measures
Special master
The 8th Amendment prohibits execution of the insane. Case?
Ford v. Wainwright
Execution of the mentally retarded is unconstitutional. Case
Atkins v. Virginia
In Payne v. Tennessee, the use of victim impact statements does not violate which amendment?
8th
In State v. Perry, what court found that involuntary tx w medication to restore competency to be executed represented cruel and unusual punishment?
Louisiana Supreme Court
Panetti v. Quarterman cites what prior ruling?
Ford v. Wainwright
The USSC did not articulate a clear standard when evaluating competency to be exectuted
Panetti v. Quarterman
The Fifth Circuit employed an improperly restrictive test when it considered whose competency to be executed
Panetti v. Quarterman (needs rational understanding of the reason for execution)
Which case establishes that a defendant may be incompetent to represent himself and denied the right to self-representation
Indiana v Edwards
Which paraphilia has the lowest incidence of crossover when compared to other paraphilias?
Transsexualism
True or false: The majority of male pedophiles molest children they know.
TRUE
In this case the USSC held that congress had the authority under the necessary and proper clause of the constitution to civilly commit sex offenders at the completion of their incarceration.
US v Comstock
What did the Washington State’s Community Protection Act of 1990 establish?
1) tx takes place afer punishment
2) A personality disorder was sufficient to qualify for a sexually violent predator.
This case strongly reflects trends established by Washington State’s Community Protection Act
Kansas v. Hendricks
Requires states to establish stringent registration programs for sex offenders
Wetterling Act
Established the SORNA provisions
Adam Walsh Act
Mandatory community notifications
Megan’s Law
What has similar reliability and validity to VST testing?
Penile plethysmography
In this case, the Court held that the Hendricks ruling set forth no requirement of total or complete lack of control
Kansas v Crane
