the Daubert standard (daubert v merrell dow)

Requires that admissible expert testimony be grounded in scientific-based methods and theory

Competence to stand trial

defendants capacity to function meaningfully and knowingly in a legal proceeding.

why does competence matter?

1. Defendants must be able to understand the charges against them 2. You can only punish people if they understand why they are being punished.

SUFFICIENT PRESENT ABILITY TO CONSULT WITH ONE'S ATTORNEY WITH A REASONABLE DEGREE OF RATIONAL AND FACTUAL UNDERSTANDING OF THE PROCEEDINGS

5 areas assessed in dusky

Understanding Appreciation Reasoning Assisting in one's defense Decision-making abilities relevant to case

competence to plead guilty

Defendants understand the alternatives they face and can make a reasoned choice among alternatives

3 areas of competence for pleading guilty

attention, concentration, and behavioral control

Sell v. United States

involuntary medication for competence

3 takeaways from sell v us

1. medically appropriate 2. unlikely to have side effects that undermine trial's fairness 3. necessary to further trial-related interests

rights to lawyer and malingering

competence to be sentenced

Humanitarian and legal reasons. Needs to understand the punishment and why they are being punished

Competence to be executed

Eighth Amendment- factual awareness of impending execution and reason for it.

Decisional competence and competence to proceed On average, participants under age 15 are competent Juveniles understanding legal procedures

Excuses criminal behavior by a defendant if a result of a 'Disease of the mind' did not: 1. Know what they were doing 2. Know that it was wrong Criticized for cognitve focus

It states a person is not criminally responsible if, due to mental disease or defect, they lack substantial capacity to appreciate the wrongfulness of their conduct or to conform their behavior to the law. Allows for judgement of capacity and behavior

insanity defense reform act

Eliminated the volitional prong of the insanity defense Prohibited experts from giving an ultimate opinion- now they can only present evidence Placed the burden on the defendant to prove insanity

Guilty but mentally ill Incorporates mental health services into prison setting In six states, but shows no difference among jurors

Court must consider all potentially mitigating information 'towards a sentence less than death' Consider questions such as safety to society and forensic evidence

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LAW quest 2

Question	Answer
the Daubert standard (daubert v merrell dow)	Requires that admissible expert testimony be grounded in scientific-based methods and theory
Competence to stand trial	defendants capacity to function meaningfully and knowingly in a legal proceeding.
why does competence matter?	1. Defendants must be able to understand the charges against them 2. You can only punish people if they understand why they are being punished.
the dusky standard	SUFFICIENT PRESENT ABILITY TO CONSULT WITH ONE'S ATTORNEY WITH A REASONABLE DEGREE OF RATIONAL AND FACTUAL UNDERSTANDING OF THE PROCEEDINGS
5 areas assessed in dusky	Understanding Appreciation Reasoning Assisting in one's defense Decision-making abilities relevant to case
competence to plead guilty	Defendants understand the alternatives they face and can make a reasoned choice among alternatives
3 areas of competence for pleading guilty	attention, concentration, and behavioral control
Sell v. United States	involuntary medication for competence
3 takeaways from sell v us	1. medically appropriate 2. unlikely to have side effects that undermine trial's fairness 3. necessary to further trial-related interests
US vs Kowalczyk	rights to lawyer and malingering
competence to be sentenced	Humanitarian and legal reasons. Needs to understand the punishment and why they are being punished
Competence to be executed	Eighth Amendment- factual awareness of impending execution and reason for it.
Juvenile Competence	Decisional competence and competence to proceed On average, participants under age 15 are competent Juveniles understanding legal procedures
M'Naghten Rule	Excuses criminal behavior by a defendant if a result of a 'Disease of the mind' did not: 1. Know what they were doing 2. Know that it was wrong Criticized for cognitve focus
Brawner Rule	It states a person is not criminally responsible if, due to mental disease or defect, they lack substantial capacity to appreciate the wrongfulness of their conduct or to conform their behavior to the law. Allows for judgement of capacity and behavior
IDRA	Insanity defense reform act
insanity defense reform act	Eliminated the volitional prong of the insanity defense Prohibited experts from giving an ultimate opinion- now they can only present evidence Placed the burden on the defendant to prove insanity
GBMI verdict	Guilty but mentally ill Incorporates mental health services into prison setting In six states, but shows no difference among jurors
Capital sentencing	Court must consider all potentially mitigating information 'towards a sentence less than death' Consider questions such as safety to society and forensic evidence

Created by: AnnieY20!

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