Psych and the Law Flashcards
What’s the answer to the boards question?
M’Naghten. Probably.
2 elements of a crime?
Actus reus - the guilty act
Actus rea - the guilty mind
4 levels of culpability in the penal code?
1st degree: premeditated
2nd degree: knowledge that outcome will result
3rd degree: “recklessness” - consciously disregarding risk
Negligence: reasonable person would know risk
2 ways to negate mens rea (guilty mind)?
Insanity
Self defense
3 moral considerations behind the insanity defense?
Punishing someone who lacks free will threatens fairness of the law.
Punishment of someone who can’t appreciate wrongfulness of conduct is useless as a deterrent.
It’s “cruel and unusual” to punish someone for crime that results form illness.
What’s M’Naghten’s story? What happened to him?
Killed British PM’s servant in 1843 because he thought the PM was the devil. He was wound not guilty by reason of insanity, and institutionalized for the rest of his life.
What’s the M’Naghten Test?
Defendant assumed to be sane unless:
Has mental illness such that he/she doesn’t know what he/she was doing.
OR
Did not know that what he/she was doing was wrong.
Why was the M’Naghten test not considered broad enough?
Didn’t include that people could know right from wrong, but still have an “irresistable impulse” to carry out a crime.
What’s the Durham Rule / The Product test? Problem with it?
Ask “is the crime solely a product of a mental disease?” If the psychiatrist says yes, pretty much the case was over. It was too broad, and too many people were being judged not guilty.
What’s the ALI test? Who does it include?
Basically M’Naghten + consideration for irresistible impulses. But excludes psychopaths, intoxicated persons, and personality disorders.
What did John Hinckley do that spurred changes?
Shot Reagan and was found not guilty by reason of insanity. (NGRI)
Spurred the Insanity Defense Reform Act of 1984.
What did the Insanity Defense Reform Act of 1984 do?
Removed control element - basically returning evaluation of insanity to the M’Naghten test.
What does “guilty but mentally ill” mean?
Mental illness is a considered an important factor, the defendant is evaluated / treated, but then sent to prison to serve sentence. (Mental illness may also be a mitigating factor in sentencing).
