L5 Insanity and Competency

Question 1

criminal responsibility

Answer 1

some shouldnt be held responsible for their crim beh with insanity/any sit where someone lacks the mental state required by law to be guilty with a crime

Question 2

insanity

Answer 2

a mental illn of such a severe nature tht a person canot distinguish fantsy from reality
-cant conduct their affairs due to psychosis
-subj to uncontrollable impulse
-admitting: must admit
-guilty verdict: insanity is legal verdict = not guilty
-requires mental illn pressence (controversal verdict tho)

Question 3

competency

Answer 3

focuses on a persons mental state + is designed to ensure the fairness of the legal process
-capacity to funct meaningfully and knowling in a legal proceding (to stand trial)
-unders nature of charges, role of legal professionals and sentincing (range if guilty)
-admitting: admit only if they unders charge meanings and action consequnces at any point
guilty verdict: delay in proceedings
-doesn’t require ment illn precense

-comp. evaluation: by psyc, legal def ovr psyc…does mi prevent ability to participate meaningf with attorney and court if present

Question 4

m’naughten rule

Answer 4

-doesnt know nature of crime/unders right/wrong at time it was committed
-oldest, us common
-not guilty by reason of insanity
-no awaren over their control

(more in notes ofc)

-narrow/conservative
-exclusive focus on cog aspects of insanity
-easy for those with sever m.illn. to escape

Question 5

irresistable impluse test

Answer 5

(includ with mcnaughten)
-focus on awaren and will (must suffer from mi/defect tht causes inability to control ones actions/conform to law)
-can tell right from wrong but responsbility was on ment ill

-too broad insanity def
-hard to tell which acts were/werent controllable/uncontrollable (purposef or not)
-easier to fake insanity

Question 6

durkham rule

Answer 6

-not convicting if act was result of mi/defect
-med diagnosis not required
-not very used (only new hamp)
-narrowed interpretation limits defence in most serious cases

Question 7

model penal code

Answer 7

-no conviction if diagnoses w/relevant mental defect
-couldnt understand criminality/conform to law
-easier to establ insanity
-relaxes requirem for 100% inability to know right from wrong and lack substantial ability to conform
-widely adopted in 1970s, assassination attempt on regan caused reform in 1984

Question 8

guilty but mentally ill (GBMI verdict)

Answer 8

not acquitted but punished and treated for mental h simultaneously while in prison
-available when fail to prove legal insanity and needs
-beh may lack substantial capacity to conform to conduct and appreciate (adds emo) criminality

Question 9

Dusky standard (w/ competency)

Answer 9

-competency with guilty plea
-sufficient present ability to consult w/ones attorney with a reasonable degree of rational underst of the legal proceedings against them
-case by case standard
(more in notes ofc)

Question 10

CST Competency screening test

Answer 10

avoid hospitality of competent, than delay trial
-22 item test
-usually consistent with judges results

competency evaluation

Question 11

CAI comp. assessm. instrum.

Answer 11

-structured, interview
-13 item
- 1 to 5 scores (worry if allot are 3 or less)

competency evaluation

Question 12

FIT-R fitn. interview test revised

Answer 12

semi strut interview

competency evaluation