Law and psychology Flashcards
Relationship law and psychology
Very different:
Law: achieves victory, against change, definitive, how humans should behave
Psychology: describes human behaviour, change is likely, probabilistic, not competitive
Competence to stand trial
Mental state at the time of the trial
–> not competent: postponed
–> never compentent: probably internt
–> Trial cant start if person is not competent
Insanity defense
Mental state at the moment of the crime
–> made it impossible to control behaviour and no criminal intent –> PROOF
Medical vs legal insanity: you can have a disorder but still knowing what you are doing and knowing it is wrong
Irresistible urge
Belgian law: no crime if accused was forced by force he could not resist
Belgian vs Netherlands
Belgian: dichotomious: accountable or not accountable
Netherlands: + diminished accountable = first jail then internship
Internment
More a safety measure
3 conditions:
1: Only violent offenders
2: Risk of recidivism (5th of May 2014) –> psychiatric exam and judge decides
3: Severe mental disorder
–> high risk: FPC
–> low risk: psychiatric hospital
Malingering definition
False or exaggerated production of symptoms to evade prosecution
–> pure or partial
=/ dissimulation (=disguising)
How to detect malingering
Difficult
Try looking up past documents; instruments with validity scale; lots of questions; tricking them –> CAREFUL if they think we are manipulating it can be used in court; observation for longer period; detect atypical symptoms (ex. hearing voices all day, unclear, …)
Amnesia
Popular to fake
3 types:
1: Organic (black out due to alcohol, dementia, …)
2: Dissociative (ego-threatening so we block it –> doubts: emotions foster info in our brain, victims dont have amnesia, ptsd veterans dont have amnesia)
3: Stimulated: suspicious when: clear end and begin, total amnesia, hints dont help
