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Terms in this set (39)
-"Guilty criminal act" (Physical Act)
an aspect of a case in which a defendant bears the burden of proof in a trial, such as for providing insanity.
a definition of insanity proposed by the American Law Institute (ALI), which states, "A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to conform his conduct to the requirements of the law."
Burden of proof
in a court of law, the duty of one party to prove affirmatively the facts of its side.
Clear and convincing evidence standard
a standard of proof between the less demanding standard of "preponderance of evidence" (used in most civil cases) and the more demanding standard of "beyond a reasonable doubt" (used in criminal cases). It requires that the truth of issue be highly probable and is used only in a minority of civil case.
A psychologist who diagnoses and treats people with emotional disturbances.
An insanity test based on a person's ability to distinguish right from wrong in committing acts.
A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.
impaired mental functions that prevent the afflicted person from having the required mens rea, or mental state, for certain crimes
an insanity standard under which the defendant is not held criminally liable if the crime was caused by a mental illness.
First degree murder
the highest charge of homicide, requiring that the perpetrator engaged knowingly in the premeditated killing of another human being.
the theory that punishing an offender will prevent other similarly situated individuals from committing future illegal acts because they have learned that crime leads to punishment.
Guilty but mentally ill (GMBI)
a verdict stating that defendants are guilty of committing a crime but are also suffering from a mental illness that should be treated during their imprisonment.
the 1983 trial of John Hinckley for the attempted murder of President Ronald Reagan. The court used the ALI standard for determining whether the defendant should be found NGRI. Because the burden of proof for showing insanity rested on the prosecution instead of the defense, Hinckley was found NGRI. Public outcry for this verdict led to the 1984 Insanity Defense Reform Act (IDRA)/
A legal status indicating that a person cannot be held responsible for his or her actions because of mental illness.
Insanity defense Attitudes-Revised Scale
A psychological instrument that assesses the attitudes of potential jurors and the general public toward the insanity defense.
Insanity Defense Reform Act (IDRA)
federal law passed after the Hinckley trial that required that there be a presumption of sanity and that defendants prove "by clear and convincing evidence" that they were insane at the time of the crime.
a charge of homicide that requires a lesser intent to kill. (Second-degree murder)
an insanity defense in which the defendant's mental condition inhibited the ability to control his or her actions at the time of the offense, even though the defendant may have known the act was wrong.
the most common insanity standard in the U.S. It consists of three components: (1) a presumption that defendants are sane and responsible for their crime; (2) a requirement that, at the moment of the rime, the accused must have been laboring "under a defect of reason" or "from disease of the mind"; and (3) a requirement that the defendant "didn't not know the nature and quality of the act he was doing or if he did know it, he did not know what he was doing was wrong".
meaning "guilty mind". Different crimes require different levels of mental awareness and understanding.
Mens rea defense
a case presented by the defense that concedes the defendant committed the crime (actus reus), but argues that the defendant lacked the requisite mental awareness and intent.
Mental State of the Time of Offense Screening Evaluation (MSE)
a test that attempts to asses whether a defendant's crime s were influenced by a significant mental disorder.
Not guilty by reason of insanity (NGRI)
an affirmative defense that suggests that the defendant, because of his or her insanity, should not be held criminally responsible.
Policeman at the elbow test
A volitional insanity test requiring that the defendant's impulse had to be so overwhelming that he or she would have committed the act even if a police officer stood beside the defendant at the time of the crime.
A maternal adjustment reaction occurring in the first few postpartum days, characterized by mild depression, tearfulness, anxiety, headache, and irritability.
a condition occurring after childbirth. Its symptoms are identical to those of clinical depression and can include: loss of pleasure in most activities, depressed mood, sleep difficulties, weight gain or loss, loss of energy, fatigue, extreme guilt and suicidal thoughts.
Postpartum mental illness
Severely depressed, depression deepened following the birth of each child, was plagued by feelings of overwhelming anxiety, and was sometimes out of touch with reality. Had four stays in a psychiatric hospital because of severe psychological disturbance.
a severe mental disorder in which a mother displays psychopathic symptoms exacerbated or caused by childbirth. It is characterized by auditory hallucinations, delusions, clinical depression, and thought disorder.
Preponderance of evidence standard
The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.
a perspective on punishment that suggests punishment for a crime should be proportionate to the harm caused. It is intended to make the harmed party feel that justice has been served by punishing the perpetrator.
Rogers Criminal Responsibility Assessment Scales (R-CRAS)
a psychological evaluative instrument that attempts to translate the legal standards of insanity into components such as the ability to control one's thoughts and the ability to control one's behavior.
Second degree murder
All murders that do not qualify as first degree murder are second degree murder - including (a) intent to inflict great bodily harm murder and (b) depraved heart murder.
Specific intent crime
An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the crime. *
a man charged with two murders said he had been eating too much junk food, and the sugars and additives in the food depended his depression and he was unable to tell right from wrong.
Ultimate issue testimony
Expert testimony that specifically answers the legal question in a particular case. It answers the question that the trier of fact (a judge or jury) must decide.
Part of the ALI insanity standard in which the defendant's ability to control his or her actions at the time of the offense are examined.
Wild beast test
A test used historically to determine whether a person is insane. It defines insanity as a mental deficiency in "understanding and memory" and asks whether a defendant acted like a "wild beast."
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