NGI & Competency

Question 1

What old concept is NGI based on?

Answer 1

• Mens Rea: Intentional Culpability: An act cannot legally be evil and punishable if they do not understand the act is evil or do not freely commit the act
• Mike Koenigs discussed this

Question 2

What is the legal standard for NGI in WI? (There is some variation based by state)

Answer 2

At the time of the crime did the person
1) suffer from a mental disease at the time of the act
2) substantial lack of capacity to appreciate the wrongfulness of their behavior
AND/OR (TWO PRONGED) 3) substantial lack of capacity to conform their conduct to the requirements of the law

Question 3

What is there often debate around related to NGI?

Answer 3

There is less debate over intellectual incapacitation related to neural deficits but there is more controversy over schizophrenic behaviors at the time of crimes etc.

Question 4

What contextual clues can we use to assess NGI (capacity to control)?

Answer 4

Did they plan the offense?
In cases that demonstrate control (if planned), was it psychotic?

Question 5

What contextual clues can we use to assess NGI (appreciate wrongfulness)?

Answer 5

Did they attempt to avoid detection?
Evidence they understood the wrongfulness
Evidence delusional beliefs motivating need to avoid detection

Question 6

What contextual clues can we use to assess NGI (mental health)?

Answer 6

Collateral information is important
May not be NGI if this was a recent development
Not sufficient to be mentally ill
Is mental illness directly related to the crime?

Question 7

How many felony indictments are NGI?

Answer 7

1%

Question 8

What does expert agreement look like related to NGI?

Answer 8

High expert agreement

Question 9

What is NGI associated with?

Answer 9

Psychotic disorders (70%) and mental health disorders

Question 10

What are the criteria for psychotic disorders?

Answer 10

Delusions, hallucinations, disorganized behavior/thoughts, loss of contact with reality

Question 11

What percentage of people experiencing psychosis and found NGI are experiencing command hallucinations?

Answer 11

25%

Question 12

What does the Dusky standard assert?

Answer 12

Rational understanding of the legal system (what a judge, attorney is for adults) and if they are competent to proceed

Question 13

What happened in the Ralph Tortorici Case?

Answer 13

• Not initially found to meet NGRI criteria and sent to prison. - - He eventually committed suicide because these facilities are not set up to assist those with mental health issues.
• He had an understanding of what a judge is etc. but did not have a genuine understanding of what is going on –> competency was straightforward
• He was not malingering actually believed there was a microchip in his penis
• Appreciate the wrongfulness of his behavior: Yes, he avoided detection by covering gun and held people hostage
• Conform to conduct of law? He thought the government was controlling his behavior or the fact that he carefully planned it
• Politics: The judges felt the pressure based on pressure from the public