An act is not legally cognizable as evil, and hence criminally punishable, unless it is committed by a person who has the capacity to cognize the act as evil and then freely chooses to do it

NGRI Legal Standard 1

Did XXX suffer from a mental disease or defect at the time of the commission of the act alleged in the petition and, if so,

NGRI Legal Standard 2

Did this cause them to lack the substantial capacity to 1) appreciate the wrongfulness of their conduct and/or 2) to conform their conduct to the requirements of the law

Assessing NGRI & capacity to control

Did they plan the offense, and if so, was the reason psychotic?

Assessing NGRI & appreciate wrongfulness

Did they attempt to avoid detection, is there evidence that they understood wrongdoing or evidence of delusional beliefs motivating their need to avoid detection?

Assessing NGRI and mental illness

Did they display signs of mental illness prior, during, and after, is the mental illness directly linked to the offense?

Most common NGRI mental illnesses

70% psychotic disorders, others include neurological, intelligence, and bipolar disorders

Main criterion for psychotic disorders

Loss of contact with reality, delusions, hallucinations, disorganized behavior/thoughts

Command hallucination

Hallucinations that direct the patient to perform an action, 25% report feeling unable to resist command hallucinations

Competency to proceed & mental illness

Does the person lack substantial mental capacity to understand the proceedings and/or assist in their defense

Intentionally faking symptoms for secondary gain (avoiding legal consequences). Does not mean mentally ill but may exaggerate symptoms

Help

Options

focusNode

Didn't know it?
click below

Knew it?
click below

Don't Know

Remaining cards (0)

Know

retry

shuffle

restart

0:00

Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

Normal Size Small Size show me how

PSYCH 526 Unit #2

Question	Answer
Mens Rea	An act is not legally cognizable as evil, and hence criminally punishable, unless it is committed by a person who has the capacity to cognize the act as evil and then freely chooses to do it
NGRI Legal Standard 1	Did XXX suffer from a mental disease or defect at the time of the commission of the act alleged in the petition and, if so,
NGRI Legal Standard 2	Did this cause them to lack the substantial capacity to 1) appreciate the wrongfulness of their conduct and/or 2) to conform their conduct to the requirements of the law
Assessing NGRI & capacity to control	Did they plan the offense, and if so, was the reason psychotic?
Assessing NGRI & appreciate wrongfulness	Did they attempt to avoid detection, is there evidence that they understood wrongdoing or evidence of delusional beliefs motivating their need to avoid detection?
Assessing NGRI and mental illness	Did they display signs of mental illness prior, during, and after, is the mental illness directly linked to the offense?
Percent of felony indictments using NGRI	1%
Most common NGRI mental illnesses	70% psychotic disorders, others include neurological, intelligence, and bipolar disorders
Main criterion for psychotic disorders	Loss of contact with reality, delusions, hallucinations, disorganized behavior/thoughts
Command hallucination	Hallucinations that direct the patient to perform an action, 25% report feeling unable to resist command hallucinations
Competency to proceed & mental illness	Does the person lack substantial mental capacity to understand the proceedings and/or assist in their defense
Malingering	Intentionally faking symptoms for secondary gain (avoiding legal consequences). Does not mean mentally ill but may exaggerate symptoms

Created by: user-1994685

"Know" box contains:
Time elapsed:
Retries: