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4. forensic psychiatry > Psychiatry and the criminal justice system > Flashcards

Psychiatry and the criminal justice system Flashcards

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1
Q

Person required to attend if an individual is charged and they are believed to have a mental disorder or disability

A

Appropriate adult

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2
Q

Trial used if an individual is found to be unfit to plead

A

Trial of facts

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3
Q

Possible results for the accused following a trial (or trial of facts)

A

Acquittal and absolute discharge
Conditional discharge subject to probation or health supervision order
Sentence to prison
Disposal to hospital care

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4
Q

Order which may be given by the Crown Court that would mean the responsible clinician would need MoJ permission to allow the patient leave or discharge from the hospital

A

Restriction order

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5
Q

Definition of actus rea

A

Act of doing the illegal thing

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6
Q

Definition of mens rea

A

Intent of crime

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7
Q

Age of criminal responsibility in England and Wales

A

10

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8
Q

Age of criminal responsibility in Scotland

A

8

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9
Q

Possible psychiatric defence before a trial

A

Fitness to plead

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10
Q

Possible psychiatric defences during a trial

A

Not guilty by reason of insanity
Infanticide
Automatism
Diminished responsibility

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11
Q

Possible psychiatric defence after a trial

A

Psychiatric mitigation

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12
Q

Possible psychiatric defence after a trial

A

Psychiatric mitigation

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13
Q

Factors which would make an individual unfit to plead

A

Unable to understand the charge
Unable to decide how to plead
Unable to exercise the right to challenge jurors
Unable to instruct a solicitor
Unable to follow the course of proceedings
Unable to give evidence in their own defence

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14
Q

Ruling which informed the current test of fitness to plead

A

Roe vs. Pritchard

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15
Q

Number of medical practitioners required to give evidence to support unfitness to plead

A

2

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16
Q

Name of the legal test for a defence of insanity during a trial

A

McNaughton rules

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17
Q

Four components to the McNaughton rules required for a defence of insanity

A
  1. Defect of reason
  2. Due to a disease of mind (i.e. not externally caused)
  3. Leading to loss of appreciation of nature and quality of an act
  4. So the accused did not realise what they were doing was wrong
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18
Q

Only charge a defence of diminished responsibility can be used for

A

Murder

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19
Q

Possible new reduced charges if a defence of diminished responsibility is used

A

Manslaughter
Culpable homicide

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20
Q

Legal test for a defence of diminished responsibility

A

Absence of mens rea

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21
Q

Two classifications of automatism as a defence

A

Sane automatism where the act is a one off and is from an external cause
Insane automatism which is likely to recur and is from an internal cause

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22
Q

Examples of sane automatisms

A

Isolated hypoglycaemia
Concussion

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23
Q

Examples of insane automatisms

A

Hypoglycaemia due to an ongoing medical issue
Epilepsy
Somnambulism

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24
Q

Possible new reduced charges if a defence of diminished responsibility is used

A

Manslaughter
Culpable homicide (in Scotland)

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25
Q

Definition of voluntary culpable homicide

A

Homicide where the mens rea is present - the person intended to commit homicide - but there are mitigating factors which reduces the offence

26
Q

Definition of involuntary culpable homicide

A

Homicide where the mens rea is not present but the homicide occurs as a result of assault or negligence

27
Q

Types of intoxication which can be used as a defence

A

Involuntary intoxication due to a ‘spiked’ drink
Involuntary intoxication due to taking a prescribed drug
Use of a substance which is not normally dangerous in a reckless manner
Use of a substance as a result of an irresistible urge to take it due to dependence

28
Q

Type of crime where amnesia is most commonly given as a defence

A

Homicide

29
Q

Most commonly used tests for fitness to give evidence

A

Ability to understand the question
Ability to apply the mind to answer the question
Ability to convey the answer to the jury

30
Q

Three types of false confessions

A

Voluntary false confession
Coerced compliant false confession
Coerced internalised false confession

31
Q

Type of false confession which is given freely without prompting

A

Voluntary false confession

32
Q

Type of false confession which is given due to extreme interrogation techniques or the promise of a more lenient sentence if a confession is given

A

Coerced compliant confession

33
Q

Type of false confession which is given because during the interrogation the person wrongly believes they have committed the crime

A

Coerced internalised confession

34
Q

Three types of witnesses to court

A

Ordinary witness
Professional witness
Expert witness

35
Q

Description of an ordinary witness to court

A

Witness to facts, does not give opinions

36
Q

Description of a professional witness to court

A

Comments on the clinical state of a defendant when they have had professional involvement with the defendent

37
Q

Description of an expert witness to court

A

Writes a report or statement about an issue on which they have expertise

38
Q

ECHR article 2

A

Right to life

39
Q

ECHR article 3

A

Prohibition of torture and degrading treatment

40
Q

ECHR article 5

A

Right to personal liberty

41
Q

ECHR article 8

A

Right to private and family life

42
Q

Time frame after going to sleep when a sleepwalking crime is usually committed

A

15-120 minutes following sleep onset

43
Q

Treatment of choice for sex offenders

A

Group CBT

44
Q

Result given if a sane automatism is successfully used as a defence

A

Complete acquittal

45
Q

Order which can be used to allow the court to take control of the property and financial affairs of a patient that lacks capacity

A

Court of protection order

46
Q

Used by courts as an alternative sentence for mentally ill offenders

A

Hospital order

47
Q

Definition of habeas corpus

A

The right to a hearing to determine if an accused is being legally detained before a trail

48
Q

Definition of a summary offence

A

An offence which is tried by a judge with no requirement for a jury

49
Q

Definition of an indictable offence

A

An offence which is tried by a jury

50
Q

Definition of corpus delicti

A

The factual evidence for a crime to have been committed

51
Q

Definition of doli incapax

A

Being not legally responsible for a serious crime before the age of criminal responsiblity

52
Q

Punishment options for children under the age of 10 who break the law

A

Local child curfew
Child safety order

53
Q

Features of a local child curfew

A

The child is banned from a public place between 9pm and 6am unless they are with an adult
Lasts up to 90 days

54
Q

Features of a child safety order

A

The child is placed under the supervision of a youth offending team
Usually lasts up to 90 days but can last up to a year
If rules are not adhered to the court can consider whether the child should be taken into care

55
Q

Partial defences to murder

A

Diminished responsibility
Loss of control
Killing as part of a suicide pact

56
Q

Report which aimed to tackle the over-representation of people with mental health problems in prisons in England

A

Bradley report

57
Q

Condition which accounts for the most cases of ‘unfit to plead’

A

Schizophrenia

58
Q

Alternate name for pathological intoxication

A

Mania a potu

59
Q

A person’s legal and mental ability to make a will

A

Testamentary capacity

60
Q

Four things a person needs to know to have testamentary capacity

A

The extent and value of their property
Who the natural beneficiaries are
The disposition they are making
The plan as to how the property will be distributed

61
Q

In the case of R v Pritchard, the crime Pritchard was accused of

A

Bestiality

62
Q

In the case of R v Pritchard, medical condition of Pritchard

A

Deaf
Mute

4. forensic psychiatry (4 decks)

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