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Forensic Psychology
Exam 2
Competence | Whether an individual has sufficient present ability to perform necessary personal or legal functions |
Competency to Stand Trial | The ability to perticipate adequately in criminal proceedings and to aid in one's own defense. |
Standard used to determine CST | Preponderance of the evidence |
Adjudicative Competence | Abilities needed to participate effectively in all stages of the legal process. |
Ultimate Issue Testimony | When the answer to a question answers the question at the heart of the proceeding. "Do you believe this man to be incompetent?" |
How many people are tested for incompetency every year? | over 5%, 11%-30% are actually found to be incompetent |
Not Guilty by Reason of Insanity (NGRI) | Founded by the M'Naghten Rule, Instead of being sent to prison the defendant is sent to a medical institution to be treated for his crimes |
M'Naghten Rule | 3 Components 1) defendants are sane and responsible for their crimes 2) at the moment of the crime the accused must have been laboring under a defect of reason or from disease of the mind 3) Defendant did not know what he was doing or that its wrong |
Durham Standard | An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect. |
American Law Institute (ALI) Standard | A person is not responsible for criminal conduct if at the time of such conduct as result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirement of thelaw |
Guilty but Mentally Ill (GBMI) | Permitted in 13 states; Found guilty of their crime and sentenced to prison for a period consistent with that verdict;supposed to receive treatment for their mental health issues while in prison or be transferred to a secure Psychiatric facility |
Insanity Defense Reform Act | Is the defendant unable to appreciate what he or she is doing? Can they appreciate whether or not it is wrong? |
Foundational Competence | Can the defendant understand basic elements of the adversarial process? Prosecutor, Defense attorney, Judge, and Jury roles |
Decisional Competence | Can the defendant understand informationrelevant to decisions? Use reasoning about alternative courses of actions? Appreciate decisions that need to made? |