Start Final (Forensic Assessment in Criminal Cases) Flashcards
Forensic Assessment:
-When ps__ or ps__ evaluate the me__ status of de__.
Two basic questions:
- Is the defendant co__ to stand tr__?
- Is the defendant, in some way, not re__ for their ac__?
psychologists, psychiatrists, mental, defendants
competent, trial
responsible, acts
Forensic assessment leads to an Important Di__:
Co__:
~Is the defendant fi_ to stand tr__?
~What is their me__ state now (at time of tr__)?
In__:
~Refers to their me__ state at the time of the cr__.
~Are they to be held re__ for their ac__?
distinction
competency
fit, trial
mental, trial
insanity
mental, crime
responsible, actions
Competency:
Capacity to function me__ and kn__ in the le__ system.
Includes things like:
~Un__ the legal system.
~Assisting in own de__.
~Making le__ relevant de__.
Can be raised an__, but usually pr_-tr__ (to plead gu__ or to stand tr__)
meaningfully, knowingly, legal
understanding
defense
legally, decisions
anytime, pre-trial, guilty, trial
Law Requires Defendant to Be Competent Because:
- Trial is only fa__ if de__ can participate in de__.
- Pu__ is only mo__ defensible if target un__ why it’s ha__.
- Perceived fa__ of ad__ system relies on defendant fi__ back.
fair, defendant, defense
punishment, morally, understands, happening
fairness, adversarial, fighting
Competency to Stand Tr__:
Du__ Standard: A ra__ and fa__ understanding of pr__.
~Be aware of na__ of proceedings.
~Can co__ with co__ in preparing de__.
Ed\_\_ Standard (Indiana v. Edwards, 2008): ~Right to serve as own co\_\_ sets a \_\_ level of co\_\_ than just pa\_\_ in one’s trial
trial
dusky
rational, factual, proceedings
nature
cooperate, counsel, defense
edwards
counsel
higher, competence
participating
Competency to Plead Gu__:
-Must understand al__ and have the ability to make a reasoned ch__.
~Understand possible co__ of pleading gu__.
~Be able to make a ra__ choice by weighing the co__ of possible ch__.
guilty
alternatives, choice
consequences, guilty
rational, consequences, choices
Other Competencies:
- Competent to co__.
- Competent to wa__ right to at__.
- Competent to refuse in__ de__.
- Competent to be se__.
- Competency of ju__.
confess
waive, attorney
insanity defense
sentenced
juveniles
The S__ Amendment and the Right to Se__-re__:
From Fa__ v California (1975).
- Re__ right to se__-re__.
- Ju__ and de__ have a co__ and ju__ makes a de__.
State v Cr__ (1992)
Spells out cr__ for ability to de__ one’s se__; one must un__:
- the di__ of self-representation.
- knowledge about the ch__ and pu__ for them.
- the ri__ of an un__ defense.
- knowledge of ru__ of ev__ procedures.
- the di__ of acting as one’s own co__.
sixth, self-representation
faretta
reaffirmed, self-representation
judge, defendant, conversation, judge, determination
Crisafi
crieteria, defend, self
understand
disadvantages charges, punishment risk, unsuccessful rules, evidence difficulties, counsel
Competency Evaluation:The Pr__:
-Someone ra__ the qu__ of co__.
-Ju__ orders an ev__.
~May be done by ps__, ps__ ph__, or so__ worker.
~Evaluations have become more sp__ to assess ability pertinent to the le__ system.
Re__ is prepared and given to ju__ (__% accepted a_ i_)
process
raises, question, competence
judge, evaluation
psychiatrist, psychologist,
physician, social
specific, legal
report, judge, 95%, as is
Assessing Competency:
Co__ Sc__ Test (CST) - _ _-item se__ completion test designed to sc__ out co__ defendants.
Scored:
~ 0 (in__)
~ 1 (qu__ co__)
~ 2 (co__)
-Problems:
~Scoring relies on na__, po__ view of le__ system.
~Large number of fa__ po__.
~Re__ depends on extensive tr__ and pr__ for ra__.
competency screening
22, sentence
screen, competent
incompetent
questionable competence
competent
naive, positive, legal
false positive
reliability, training, practice, raters
Assessing Competency:
Co__ Assessment In__ (CAI):
-St__, o__-hour in__ that assesses _ _ functions relevant to co___.
~Scored from _ (to__ in__) to _ (n_ in__).
~Significant number of scores less than _ is indicator
-Appears to be about __% agreement on final de__ using this test.
competency, instrument
structured, one, interview
13, competency
1, total incapcity
5, no incapacity
3
90%, decisions
Assessing Competency:
In__ Fi__ Interview (IFT):
- Se__-structured interview co-administered by la__ and ps__ to assist both kinds of ab__.
- Scored from _ - _, weighted by im__.
- Appears to be a re__ screening tool.
~One study found __/__ agreement and __% agreement with decisions made later at state ho__.
interdisciplinary fitness
semi, lawyer, psychologists, abilities
0-2, importane
reliable
75/77, 76, hospital
Assessing Competency:
Ge__ Co__ Competency Test (GCCT)
- __-item test that taps both sp__ and ge__ le__ knowledge.
~Less effective at tapping co__ issues like ability to co__ with co__.
Ma_Ar__ Measures of Competence - ne_ but pr__
- Series of hypothetical vi__ that tap relevant ab__.
- Problems: Takes too lo__, not enough va__ yet.
Georgia Court
21
specific, general, legal
cognitive, cooperate, counsel
MacArthur
new, promising
vignettes, abilities
long, validation
Results of Competency Evaluations:
About __% are found co__.
Those found Incompetent to st__ tr__:
- Have hi__ of tr__ for me__ illness and sy__ of se__ me__ illness.
- Si__, un__ and poorly ed__.
- Score po__ on co__ assessment tests.
70, competent
stand trial
history, treatment, mental, symptoms, serious mental
single, unemployed, educated
poorly, competence
What Is Done with Those Found Not Competent?
-Charges might be dr__- maybe in exchange for promise to undergo tr__.
-Return to in__ to be tr__ to become co__.
~Typically within _ months
~If not, _ month ex__ of institutionalization.
-Ja__ v. Indiana (1972) = “re__” amount of time to limit ex__ commitment.
-Ci__ commitment (co__-ordered in__ of a person suffering from me__ illness, usually upon a finding that the person is da__ to hi__ or to ot__.)
dropped, treatment
institution, treated, competent
6
6, extension
Jackson, reasonable, excessive
civil, court, institutionalization, mental, dangerous, himself, others
The In__ Defense:
-Ha__ to make judgment
~Not just whether they di_ it, but also wh_.
~Not just whether they ar_ insane, but also whether they we__ insane.
-Not many as__ available
~Ro__ Cr__ Re__ Scales
insanity
hard
did, why
are, were
assessments
rogers criminal responsibility
Legal Definitions:
-_ _ _ _ British case of Daniel M’Naughten, a deranged wo__ who attempted to as__ the pr__ mi__.
~Queen Vi__ was pissed!
Mc__ Rule: Defendant must prove that a “di__ of the mi__” excuses co__ because:
~Def didn’t kn__ what they were do__.
~Def didn’t kn__ what they were do__ was wr__.
- Remains standard in _ _ states and the Fe__ Government.
- Me__ health professionals argue it’s too re__.
1843, woodcutter, assassinate, prime minister
victoria
McNaughten
disease, mind, conduct
know, doing
know, doing, wrong
26, federal
mental, restrictive
An Early Insanity Criterion:
In _ _ _ _, the Pa__ v. Alabama (81 AL 577, So 854 1886 AL) decision established additional criteria for the in__ defense.
The court decided that a person could utilize the insanity defense if he or she could prove that “by reason of du__ of me__ disease he had so far lost the po__ to ch__ between ri__ and wr__, and to av__ doing the act in question, as that his fr__ agency was at the time de__. “
1886, Parsons
insanity
duress, mental, power
choose, right, wrong
avoid, free, destroyed
The “Ir__ Im__”Is Born:
It became know as the “Ir__ Im__ Test” or as an earlier court in England called it, the “po__ at the el__ test.” In other words, if the person would have committed the crime even if a po__ was standing ne__ to him, then the act could be characterized as an ir__ im__ because no sa__ person would commit a cr__ act in the presence of a la_ enforcement agent.
irresistible impuse
irresistible impuse
policeman, elbow
policeman, next
irresistible impuse
sane, criminal
law
Further Refinements to Not Guilty by Reason of Insanity:
Rather, it was “the ac__ of eighteen years of pr__ and pa__ solutions and, above all, to simple ex__” (Maeder, 1985, p. 95).
However, the newer guidelines provided the foundation for a wide array of in__, and some say fr__, defense st__. One of the most famous was the “Tw__ Defense” of the late 1__s.
-D__ W__ city hall murders -brought up he had been eating ju__ food which he never did before.
accumulation, problems, patchwork, exasperation
ingenious, frivolous, strategies
Twinkie, 1970’s
Dan White
junk
Du__ Rule: AKA The Pr__ Rule
-Accused is not criminally re__ if act was a pr__ of mental di__ or de__.
- Differed from Mc__ by not relying on “ri__/wr__” test.
- Ju__ felt it put too much emphasis on testimony of ps__ at the expense of ju__’s fa__ finding mission
Durham, product
responsible, product, disease, defect
McNaughten, right/wrong
judges, psychiatrists, jury’s, fact
Br__ Rule: Defendant is not guilty if mental di__ or de__ causes them to lack substantial ca__ to either:
~Appreciate cr__ of their co__.
~Co__ their conduct to the la_.
~aka the A.L.I. rule (Am__ Le__ In__, 1962)
- Used in __ states.
- Allows ju__ some la__ in decision making.
brawner
disease, defect, capacity
criminality, conduct
conform, law
American Legal Institute
22
jury, latitude
What Rule Do Ju__ Use?
- General belief that defendant is me__ ill to the point of inability to pl__ or co__ behavior.
- Hear ex__ testimony not challenged by pr__ about defendant’s me__ illness.
- Find no lo__ or ev__ motive for defendant’s ac__.
juries
mentally, plan, control
expert, prosecution, mental
logical, evil, action
In__ Defense has Been Mi__:
Public believes:
1) La__ number of cr__ use in__ defense.
2) Mo__ defendants who use it are ac__ by gu__ juries.
- Us__ in _/200 cases, Su__ in _/102
- Used about ._% of time, successful in _/9 cases.
insanity, misconstrued
large, criminals, insanity
most, acquitted, gullible
used, 1/200
successful, 1/102
.9%
2/9
In__ Defense has Been Mi__ Continued:
3) Defendants found NGRI are released into so__.
- Actually, almost all go directly to ho__ and stay there for an average of about _ years.
4) Persons found insane are extremely da__.
-Hard to ju__:
~Co__ and tr__ almost im__.
~Evidence suggests that re__ is about the sa__ or slightly lo__ than typical cr__.
insanity, misconstrued
society
hospital, 3
dangerous
judge
committed, treated, immediately
recidivism, same, lower, criminals
General Cr__ of Insanity Defense:
-Sends criminals to ho__, then fr__ them.
~Can be ma__ by ps__.
-It’s a defense only for the ri__.
~Doesn’t appear to be so__ or ra__ bias.
-Relies too much on ps__ experts.
criticisms
hospital, frees
manipulated, psychopaths
rich
socioeconomic, racial
psychiatric
Three States Don’t Allow an Insanity Defense:
M__
I__
U__
Montana
Idaho
Utah
Revisions and Reforms:
_ States have ab__ not guilty by reason of insanity.
-Gu__ But Me__ Ill verdict (GBMI)
~Allows tr__ first then re__ of time spent in pr__.
In__ Defense Re__ Act:
- Eliminated vo__ aspect (Br__).
- Prohibits ex__ from giving ul__ opinions.
- Burden of pr__ is on de__.
5, abolished
guilty, mentally
treatment, remainder, prison
insanity, reform
volitional, brawner
experts, ultimate
proof, defense
