Start Final (Forensic Assessment in Criminal Cases)

Question 1

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__?

Answer 1

psychologists, psychiatrists, mental, defendants

competent, trial
responsible, acts

Question 2

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__?

Answer 2

distinction

competency
fit, trial
mental, trial

insanity
mental, crime
responsible, actions

Question 3

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__)

Answer 3

meaningfully, knowingly, legal

understanding
defense
legally, decisions

anytime, pre-trial, guilty, trial

Question 4

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.

Answer 4

fair, defendant, defense

punishment, morally, understands, happening

fairness, adversarial, fighting

Question 5

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

Answer 5

trial

dusky
rational, factual, proceedings
nature
cooperate, counsel, defense

edwards
counsel
higher, competence
participating

Question 6

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__.

Answer 6

guilty

alternatives, choice

consequences, guilty

rational, consequences, choices

Question 7

Other Competencies:

• Competent to co__.
• Competent to wa__ right to at__.
• Competent to refuse in__ de__.
• Competent to be se__.
• Competency of ju__.

Answer 7

confess

waive, attorney

insanity defense

sentenced

juveniles

Question 8

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__.

Answer 8

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

Question 9

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_)

Answer 9

process

raises, question, competence

judge, evaluation
psychiatrist, psychologist,
physician, social
specific, legal

report, judge, 95%, as is

Question 10

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__.

Answer 10

competency screening
22, sentence
screen, competent

incompetent
questionable competence
competent

naive, positive, legal
false positive
reliability, training, practice, raters

Question 11

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.

Answer 11

competency, instrument
structured, one, interview
13, competency

1, total incapcity
5, no incapacity

3

90%, decisions

Question 12

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__.

Answer 12

interdisciplinary fitness

semi, lawyer, psychologists, abilities

0-2, importane

reliable

75/77, 76, hospital

Question 13

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.

Answer 13

Georgia Court
21
specific, general, legal
cognitive, cooperate, counsel

MacArthur
new, promising
vignettes, abilities
long, validation

Question 14

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.

Answer 14

70, competent

stand trial
history, treatment, mental, symptoms, serious mental

single, unemployed, educated

poorly, competence

Question 15

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__.)

Answer 15

dropped, treatment

institution, treated, competent
6
6, extension
Jackson, reasonable, excessive

civil, court, institutionalization, mental, dangerous, himself, others

Question 16

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

Answer 16

insanity

hard
did, why
are, were

assessments
rogers criminal responsibility

Question 17

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__.

Answer 17

1843, woodcutter, assassinate, prime minister
victoria

McNaughten
disease, mind, conduct
know, doing
know, doing, wrong

26, federal

mental, restrictive

Question 18

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__. “

Answer 18

1886, Parsons
insanity

duress, mental, power
choose, right, wrong
avoid, free, destroyed

Question 19

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.

Answer 19

irresistible impuse

irresistible impuse
policeman, elbow

policeman, next
irresistible impuse
sane, criminal
law

Question 20

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.

Answer 20

accumulation, problems, patchwork, exasperation

ingenious, frivolous, strategies

Twinkie, 1970’s

Dan White
junk

Question 21

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

Answer 21

Durham, product
responsible, product, disease, defect

McNaughten, right/wrong

judges, psychiatrists, jury’s, fact

Question 22

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.

Answer 22

brawner
disease, defect, capacity
criminality, conduct
conform, law

American Legal Institute

22

jury, latitude

Question 23

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__.

Answer 23

juries

mentally, plan, control

expert, prosecution, mental

logical, evil, action

Question 24

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.

Answer 24

insanity, misconstrued

large, criminals, insanity
most, acquitted, gullible

used, 1/200
successful, 1/102

.9%
2/9

Question 25

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__.

Answer 25

insanity, misconstrued

society
hospital, 3

dangerous
judge
committed, treated, immediately
recidivism, same, lower, criminals

Question 26

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.

Answer 26

criticisms

hospital, frees
manipulated, psychopaths

rich
socioeconomic, racial

psychiatric

Question 27

Three States Don’t Allow an Insanity Defense:

M__
I__
U__

Answer 27

Montana
Idaho
Utah

Question 28

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__.

Answer 28

5, abolished

guilty, mentally
treatment, remainder, prison

insanity, reform
volitional, brawner

experts, ultimate

proof, defense