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Psychology and the Law Exam 3
Terms in this set (38)
According to Dusky vs U.S. (1960), what must defendants have to have competence to stand trial?
-sufficient presentability to consult with an attorney with a reasonable degree of
as well as
understanding of the proceedings against him
Who makes referral for evaluation for CST?
Where are evaluations done?
-inpatient (locked up in hospital)
What is the most common type of mental health evaluation?
How many CST evaluations are done per year?
What percent of all felony defendants are evaluated for CST?
Of those felony defendants that are evaluated for CST, how many are actually found incompetent?
What do CST evaluations consider?
-understanding (factual knowledge)
-rational thinking (reasoning)
-ability to appreciate (understand and reason about own case)
-ability to control behavior in court
Who are more likely to be found incompetent?
-bipolar affective disorder
-mental retardation/ brain damage/ dementia
What symptoms are more likely to lead to incompetence?
-unusual thoughts (delusions, false beliefs)
-NOT perceptual disturbances
Why are some mental illness symptoms more or less likely to lead to incompetence?
mental illness symptoms must be linked to deficits in specific abilities needed for competence
From the study of 66 people with schizophrenia, how many people were found competent to stand trial?
(because their symptoms must be linked to deficits in specific abilities needed for competence)
Who are CST evaluations done by?
always an expert appointed by court-state contracted employee
(with forensic training or experience)
How many CST evaluations are done in most cases?
only 1 evaluation
In a study of 468 cases in Alabama, how many cases were there when the judge's ruling was contrary to the expert for CST evaluations?
only 1 case
Does competence depend on who's assigned to perform CST evaluations?
outcomes may depend on evaluator assigned to your case
How many evaluators does Hawaii require?
In 182 felony case evaluations, what percent of all evaluators agreed and disagreed with each other?
(not as good as it should be)
What should judges do in cases when evaluators disagree?
they tend to go with the majority opinion, but in most states, there is only one evaluator
Before 1972, what percent of incompetent defendants remained hospitalized for the remainder of their lives?
In Jackson vs. Indiana (1972), what should be done if competence restoration is taking too long?
if not competent in a reasonable period of time, involuntary confinement must stop
In a study of 468 CST evaluations, how many incompetent defendants were thought to be unrestorable?
in 468 evaluations, 19% were found incompetent, and of these, 36% were predicted by the evaluator to be unrestorable
(about 6% of all who get evaluated)
Where do IST defendants go in TX?
-North TX State Hospital (Vernon)
-Austin State Hospital (Small Unit)
What's the longest amount of time an IST defendant can stay in a TX hospital?
180 days (6 months)
(symptoms don't go away, but they're managed better)
How many states do not require periodic judicial review of incompetency cases?
How many states allow lengthy confinement (ex length of largest possible sentence, if found guilty)
How quickly is competence restoration achieved?
-32% within 1 month of admission
-44% within 3 months of admission
-78% within 6 months of admission
What is the average length of stay for IST defendants?
Can an incompetent defendant be forced to take medicine to make him/her competent?
if they are dangerous, yes
What are the conditions for IST defendants to forcibly take medicine if they are not dangerous?
-there is no less intrusive treatment available
-medication doesn't cause side effects that impair fairness of a child
-government has an interest case to trial
-should consider charge and possibility of civil commitment in determining government interest
What percent of those found incompetent are considered unrestorable?
less than 20%
What happens to unrestorable defendants?
-civil commitment (if they're dangerous to themselves or others)
knowing the nature and quality of the act
Mens Rea levels
-intent (knows nature of the act)
-recklessness (aware that risk has been created)
-absence (does not know nature of the act)
Crimes at the same levels of mens rea levels
-not guilty: lack mens rea, absence (not having intent bc you don't know what you're doing)
Requirements for insanity in TX- M'Naughten Rule
-because of mental disease or defect
-did not know nature and quality of act (mens rea)
-or did not know that their conduct was wrong
American Law Institute (ALI) Rule
as a result of mental disease or defect- lack substantial capacity to:
-appreciate the wrongfulness of the act
-or conform conduct to requirements of the law
What percent of people found NGRI have gone to trial?
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