1
Q
Incompetent to stand trial
- is?
- Supreme court
- Competent is?
- Incompetent is?
- Mental state
- avg time to restore competency
A
is a judicial determination that a defendant lacks sufficient ability to understand the legal process against them or to assist a lawyer in prep of defense. Represnts the most common referal for criminally realted forensic assessments
- U.S. Supreme Court has determined that the trial of such ppl violates constitution
- Competent to stand trial if they have sufficient present ability to consult with lawyer with a reaonsble degree of rational understanding and a rational/factual understanding of proceedings (enter plea, understand charges, assist in defense)
- Incompetence doesn’t refer to one’s mental or emotional state; may also refer to a lack of understanding of court proceedings, one’s rights, or functions of one’s lawyer
- competency to stand trial refers to defendants mental state at two diff points in time (if defendant pleads not guilty by reason of insanity law asks what was defendant’s state of mind at the time) vs. in competency considerations law asks what is defendants state of mind at present time or at trial?
- 3 months
2
Q
Not guilty by reason of insanity
- Ex
A
A legal determination that a defendant was so mentally disordered at the time of the crime that he or she cannot be held criminally responsible for his or her actions
- Andrea Yates
3
Q
Media and mentally ill
- Tv
A
Early survey showing 73% of mentally ill on tv are displayed violent. 86% of print sotries dealt with former mental patients, focused on violence of patients
4
Q
Serious Mental Illnesses
- crimes
A
class of disorders with psychotic features (schizo, MDD) or other symptoms that have big affect on individuals interpersonal and vovational functions --Ppl with SMI typically commit only minor offenses
5
Q
Munetz & Griffin Model
A
proposed a conceptual model: Sequential Intercept Model (SIM) to detail points at which mental health and social interventions could be used to support or supplement usual criminal justice process (exs: mental health courts, postrelease programs, pretrial diversion)
6
Q
Mental Disorder vs. Mental Illness
- 2 underlying principles of MD
A
- a disorder of mind that is judged to interfere substantially with person’s ability to cope with life on daily basis. Deprives them of freedom of choice (although still have some decision making ability) Deviates from normal conduct and impedes functioning
- doesn’t imply (like illness) that person is sick, pitied, or even less responsible for actions. Although mental illness used in much literature, and law, book prefers disorder.
- Condition must have negative consequences and disfunction of some internal process
7
Q
4 Categories of mental illnesses most assoc with crime
A
Schizophrenia, paranoid or delusional disorder, mood disorders, and antisocial personality disorder.
8
Q
Schizophrenia Diagnostic Criteria (5)
A
At least two of symptoms must be manifested before diagnosis and signs of disturbance for at least six months
1. Delusions
2. Halluncinations
3. Disorganized speech
4. Disorganized behaior
5. Inapporpiate affect
Social interactions, self-care, occupational life must also show impairment prior to onset
9
Q
Study of homicide schizophrenics
- how many violent?
- hallucinations(2)
- predictor of violence (2)
A
- 1/3rd were considered excessively violent;
- excessive violence most common in those with halluncinations and delusions rather than one or the other
found that halluncinations alone are rare at time of crime for homicide offenders
-Strongest predictors of excessive violence in schizo’s was offender’s own history of violence and coeffender at scene
10
Q
5 subtypes of schizo
- schizophreniform
A
- Disorganized- show inapporpriate affect, incoherent thought patterns, strange mannerisms, complaints of nonexistent physical prob, social withdrawl
- Catatonic- Severe disturbances in muscualr and voluntary movement, periods of mutism, parrotlike repetition of work, grimicaing
- Paranoid- delusions and halluncinations (most freq in criminal behavior)
- Undifferentiated- psychotic symptoms that cannot be classifed into any category.
- Residual- Have had at least one episode of schizo and evidevne of some symptoms continueing such as blunted emotions but no other symptoms
- DSM identifies a 6th category schizophreniform disorder as a behavioral pattern that shows at least two indicators of delusions, halluncinations, disorganized speech, strange behavior, inapprop emotions. Temporary disorder that persists for more than month but less than 6
11
Q
Delusional Disorder
- criteria
- types
- type most assoc w/ crime
- central feature
A
AKA paranoid disorders are characterized by prescence of one or more nonbizarre delusions that persist for at least one month (judgment btwn bizarre and non is most imp in deciding if schizo)
- DSM recongnizes seven types; persecutory type most assoc with criminal behavior
- central feature is the delusional system which most often includes persecutroy beliefs
12
Q
Major Depressive Disorder
- criteria
- delinquency (2)
A
- symtoms include extreme depressed state that lasts for two or more week’s accomp by slowing down of mental and physical activity, gloom, worthlessness, thoughts of suicide.
- Research indicates depression maybe assoc with delinquincy espec in teen girls
- Study of 3,604 teens found support for theory that early depressive symtptoms lead to delinquency espec for girls
13
Q
Antisocial Personality Disorder
- central feature
- criteria (2)
- Other criteria (7)
- prev
- prev in inmates %
A
- has a central feature of continuous behavior, which violates rights of others. Must be at least 18 and have history of some symptoms of conduct disorder before 15
- Before diagnosed with APD, must have pattern of disregard for others indicated by at least three of the following behavior patterns:
1. Failure to conform to social norms or law
2. Irritablity and unusal aggressivness
3. Consistent irresponsibility (poor work history)
4. Impulsive or failure to plan ahead (characteristic at all ages) (deficits in exec functioning)
5. Deceitfulness (lying, conning others)
6. Reckless diregard for others safety and self
7. Lack of remorse or guilt (indifferent, rationalization) - 3% of American male pop and 1% of females fit criteria
- Rates of inmates range from 30-50%
14
Q
Adjudicative competence (2 - Court case
A
is ability to participate in court with two concepts:
- competence to proceed (understanding proceedings and abillty to help own attorney)
- decisional competence (ability to understand signif of decisions being made)
-In a U.S supreme court case (indiana vs. edwards) the court ruled that a unitary standard for deciding these two issues was inapropriate- just bc they are competent to stand trial does no mean they are competent to serve as own attorney or plead guilty
15
Q
- Until 1970s evaluation?
- Jackson vs. Indiana
A
- typical procedure for evaluating competency required that defendants be confined within a mx security for length evaluation (60-90 days) folowing eval, granted a hearing; if found incompetent then automatically comitted to hospital for indefinitie period of time until competent
- case declared that indefinite confinment violated constituition. Specified if no progress made toward competence, then must release person or recomit under civil criminal statues
16
Q
Seller vs. US 2003
A
court ruled that in a case that did not involve violence, courts must be wary of ordering medication agaisnt will (Supreme court said Sell should not have to take the drugs) however for more serious crimes, court has been less sympathetic refusing to hear appeal for involuntary medication
17
Q
Study of competent and incompetent defendants
(differed on?)
- those with psychotic disorder(x) (x)
A
have compared defendants competent to stand trial to those found incompetent. They did not differ signif on demo variables but on clinical variables (incomp person more likely to be diagnosed with psychotic disorder)
-Pirelli found that those defendants with psychotic disorders about 8x more likely to be found incompetent that thos without; also those unemployed or prev hospitilized about twice as likely
18
Q
Insanity vs. incompetency
- insanity refers to
A
- Insanity is a legal term not a psychiatric one
- Insanity refers to person’s state of mind at time of crime (John Hinckley & Yates)
19
Q
Insanity Defense Act of 1984
- legistlative changes/basically is?
- (3) main changes
- clinicians
- estimate of insanity defenses
A
Since the Hickley acquittal (found NGRI) in 1982, 34 states made some kind of alteration to insanity statues and US congress passed Insanity Defense Act of 1984
- kept the Insanity defense in federal law but modified it. Made it more difficult. Changed Brawner rule (rule that has been most adhered to) to more of the M rule. Defendant cannot be held responsible if at time of acts, as result of illness, unable to aprecaiate nature and quality of wrongfulness. Mental disorder doesn’t consititue a defense
- In addition, new law changed Brawner rule in 3 ways:
1. Abolished irrestible impulse test (Volitional Pong-acceptance of the possibility that a defendant could not control his or her behavior to conform to the requirements of the law ) of the B rule
2. Modifed the cognitive requirement by replacing the phrase “lacks substantial capacity to appreciate” with unable to appreciate (tightens the requirement to a total lack of ability to understand wrongness)
3. Mental disease must be severe to emphasize that certain behavioral disorders (personality ones especially) do not qualify as a defense - Also, clinicians are not allowed to express opionion on whether person was insane. They may testify and report on evaluations with a diagnosis but not express opinion. (This is to emphasize that insanity is determined by court)
- Researchers estimate that insanity defesnes used in only 1% of all US felony criminal cases
20
Q
Success of Insanity Defense
- 8 state study of NGRI %’s success rate (jury rate)
- 2 states (hi & low) %’s
- Cirincione and Jacobs mean of acquittals
- acquittals related to
- 3 disorders with higher rates of acquittals
- acquittals in US%
- demographics of successful NGRI’s
- when is NGRI more pleasing?
A
- 8 state study of 9,000 defendants who plead not guilt by insanity found 22-25% success rate; only 7% acquttals handed down by juries
- Other studies report 44% in Colorado and low of 2% in wyoming
- Cirincione and Jacobs found a mean of only 33.4 insanity acquittals per year across 35 states
- Acquittals seem to be realted to diagnosis given to defendant and on crime charged
- Found that defendants with diagnosis of psychotic disorder, affective disorders or mental retardation had higher rates of acquittal thatn thos with other disorders. - Diagnosis more than offenses seems to be critical factor Personality disorders were negatively correlated with finding of insanity
- In US acquitalls are harder to obtain from jurors than judges emphasizing neg attitudes America has towards insanity defense (96% of thoses found not guily by insanity in front of judge or bench trial)
- -Successful NGRIs compared to non are older, female, better educated and single and 15% had not themselves raised the insanity defense
- When possiblibty of captial/life punishment NGRI becomes more pleasing to defense
21
Q
Supreme court case Foucha vs. Louisina 1992
A
-placed limits on hospital confinement of NGRI’s. Court ruled that they may not be held in hospital once no longer disorderd even if argued dangerous (Foucha had been in hospital for 4 yrs)
22
Q
Insanity Standards
- 3 models
- 2 criteria
- diffs
- Clark vs Arizona
A
- Standards to determine insanity vary by state but generally all center on three models: M’Naghten Rule, Brawner Rule, or Durham Rule and all based on 2 criteria: irriationality and compulsion
1. If it can be established that a person was not in control of their mental processes (irrationality)
2. and or was not in control of behavior (compulsion) then have grounds for absolving person of some or all responbility - Jursidications differ on critera; some require both
- Clark v Arizona 2006 Court made it clear that states could determine own insanity standards and not establish a universal one
23
Q
M’Naghten Rule
- History
- Rule
- Other rule
A
- 1842; formed after Daniel M was acquitted of killing a man he thought was prime minister. Applied a “wild beast” test to concluded he was irrational and sent to institution. However, many believed he knew his actions were wrong so law was changed to prevent injustice. Therefore the rule that bears his name is not the rule under which he was tried.
- In 1851 the M rule was adopted in fed and most state courts. Simple and states if person because of disorder did not know right from worng at time of act or did not know what they were doing was wrong not held responsible.
- Right and Wrong Test (M’Naghten rule) emphasized cognitive elements of: being aware and knowing what you are doing at time of act and knowing or realizing right from wrong in moral sense (rule recog no degree of incapacity) (either responsible or not)
24
Q
Brawner Rule and American Law Institute Rule
- history
- states? criteria (2)
- Unlike M rule
- firs to
- Provison
A
- based on insanity rule suggest by Model Penal Code (MPC) which was proposed in 1962 by group of scholars assoc with American Law Inst.
- States that person not responsible for conduct if at time as a result of mental defect he lacks capactity to aprreciate criminality or to conform his condut to law.
Must be demonstrated that disease substantially and directly
1. Influenced emotional or mental processes or
2. Impaired ability to control behavior
-Unlike M rule, Brawner rule recognizes partial responsibility for criminal conduct and possiblity of irresistible impulses beyond control. - first to recog states of incapacity
Also excludes any criminal or anitsoical conduct (CP)
-Caveat Paragraph provision intended to disallow insantiy defense for criminal psychopahts who persistently violate law (APD’s cant use)
25
The Durham Rule
- History
- unlike M rule
- D rule does not
- Carter vs. US
- Initial reaction to D rule
"The Product Test" created in 1954 by same court that later rejected it for favor of brawner rule. Monte Durham had mental disorder and history of pety theft. He was acquitted bc his act was considered product of mental disease.
- While M rule focuses on knowing right from wrong, (mental element in crime) D assumes person cannot be held responsible if unlawful action is product of disease
- Nothing in D rule that relates direclty to persons mental judgement
- Rule later clarified in Carter v US which held that illness must not merely have entered into production of act but play a necessary role
- Some were intially attracted to simplicity of D but soon it became clear that mental illness defs were too vague and virtually any defendant could be excused once mental illness had been established
26
Jurisdictions and the 3 rules
| - changes made (3)
- Most jurisdictions adopted one of above rules until Hinckley’s acquitaal. The American Bar Assoc and American Psych Asso proposed new more restrictive standards (Nearly 100 diff reforms in the 34 jursidictions occurred after Hinckleys acquital, most active insanity reform in history) In most instances the reforms where relective of M rule in modified form
Small minority of states abolished insanity defense
-Other changes include:
1. Placingo n defenedants burden of proving they were insane (where in past they had been required to prove not insane
2. Restricting role of clinical testimony
3. Requiring NGRI’s to prove no longer mentally ill before being released from hospital
27
Guilty but Mentally Ill
- History (first state)
- Major intention
- Research of GBMI (2)
-Some states have introduced this new verdict alternative, Michigan first to adopt in 1975 and by 1992 11 states followed
-is a alternative not substitiue to NGRI and states differ in standards; allows mentally disordered defendants to
be found guilty while seemingly affording them treatment
for mental disorders.
-Major intention is to reduce number of insanity requitalls, hold defendant balmeworthy but still recognize disorder (gives a middle ground)
-Research indicates that intented purposes of GBMI may not have been accomplished. Early study in Michigan found that insanity requirttals remained stable while guilty verdicts declined. Also, defendants found GBMI have gottne longer sentences and longer confinements than sane defendants found guilty with sim charges
-GBMI’s no more likely to recive psycotherapy that other mentally disordeed in prison
28
Unique Defesnes (2)
- These disorders may not complete defenses but absolve some ppl of degree of responsibility and lenient sentencing
1. PTSD
2. Dissociative Disorders
29
PTSD
- history
- prev
- prev in vets
- symptoms
- diff forms (3)
- PTSD and insanity defense
- primary argument of PTSD
- developemnt of symptoms following extreme traumatic stress or involving experience of event that threatens death or serious injury or other threat to integrity; witnessing event that involves death/injury or learning about unexpected violent death. Expereience of intese fear, terror and helplessness
- Recognized as disorder in 1980 following vet efforts to recog “post-vet syndrome”
- Studies show that between 1% and 7% suffer
- 31% of male vets and 27 female
- Symptoms: flashbacks, nightmares, diminshed responsivness, psych numbing (many not appear until six months to a year or more)
- Acute PTSD is leass than 3 mos; Chronic longer than 3 mos; and delayed onset (six months have passed since event)
- Courts unlinkley to accept PTSD as insanity defense; When it has been succesful usually results in finding of diminshed responsibility rather than complete absolution of responsibility; Proscutors may be more willing to reduce sentence for PTSD
- Primary argument is that PTSD victimin in dissociative state when he committed act
30
Cone vs. Bell court case
Cone v. Bell court case, court vacated death sentence for vet bc jury had not considered fact that he sufferd PTSD
31
Battered Woman Syndrome
- controversial (2)
- PTSD argument used for B woman
- PTSD has been used to mitigate responsbility in cases of batter woman
- A cluster of behavioral and psychological characteristics believed common to women who have been abused in relationships.
- (sometimes considered variant of PTSD) however, Controversial because: 1. Nouniversal agreement that this syndrome exists 2. Advocates for battered woman resist the implication that they have a mental disorder
- When PTSD is used, a battered woman may claim that the abuse was so extensive that a dissociative state brought about by the disorder caused her to kill the abuser (in this case she is more likely to claim temp insanity)
32
Dissociative Disorders- types
-DSM identifes five types
33
DID
- prev diffs in gender
- DID and criminal defenses
- ex
- controversy
- essential feature is extinence of two or more distinct personality states that take control of behavior; change from one to another often sudden and triggered by stress or stimuli. Each of personalities may be aware of some or all of the others.
- Occurs about 3-9x more freq in females than males
- DID’s are highly suggestable and impressionable
- DID was used as an excusing condition for criminal responsibility but not a succesful defense
- Kennech Bianchi (hillside strangler) a dozen murders in one year and insisted he was innocent argueing that alter steve did it. He pleaded NGRI but found no DID
- Iatrogenic refering to DID; means unintentailly caused by clinicians
34
Amnesia
- type
- Amnesia and insanity defense (reason?)
- prev of amnesia in court cases
- homicide offenders
- refers to complete or partial mem loss of event, series of events, segment of life experiences due to physical truama, neuro disturbance or psych factor. May be unable to learn new info; unable to remember past info (retrograde) or aquire new info (anterograde)
- Limited Amnesia is a classifiaction of amnesia and an inablity to remember specific epsiose or small number of episodes from past. May be cause from emotional shock, drugs, alcohol, or blow to head. Not ongoing or involving extensive mem loss but realted to specfic event.
- Courts have not been receptive to amnesia as valid insanity defense or incompetence to stand trial; Exception is when there is a brain injury One reason for judicial hard line is the suscpicion that they are faking; howver psychologist have been able to design insturments to detect faking
- There have been cases in at leas 20 states where court has held amnesia doesn’t render defendeant income
- 30-65% of homicide offenders claim they cant remember due to alchohol
35
- Public and violent crimes
- Prev of mental illness in criminal system vs. gen pop (reason?)
- classification of mental ill offenders
- Public most fearful of violent crimes even tho we are more likely to be victims of economic crimes
- Prev of mental illness in criminal justice system 3x higher than gen pop (due to decrease in availabilty of inpatient care and homlessness/sub abuse
- Researchers have searched for groups or classifications of mentally ill offenders who are prone to arrest (Constatnine found 3 arrest patterns; low chronic, hi chronic, and sporadic)
36
Relationship between mental illness and violence research
| - subset that is at higher risk of violence
Some research found certain subset of mentally ill may be at higher risk (males who have history of at least one violent incident have high prob of being violent within year after release from hospital)
37
Schizophrenia and violence
- evidence
- psychosis
- increases violence
- % of schizo who commit violent acts
- PCL
- Male schizo's (2)
- Evidence shows that schizophrena at increased risk for violence or murder
- Schizophrenics most often kill relatives and many exhibt halluncinations/delusions at time of offense
- In study psychosis found to increase odds of violence by 50-70%
- Majority of ppl with mentall illness DO NOT comit serious violent offenses (only 11% ofmen and 2% of women who have schizo comit violent acts) (they also tend to be very heterogenous with some antisocial behavior before onset, others after)
- Research shows thos with schizo who have hi scores on Psychopahty checklist usually have more violent offenses (suggests PCL is strongest predictor of violent offenses)
- Males who have schizo and have antisocial behavior at early age often have persistent patterns of offending
- Men who have both sub abuse and schizo at increase for violent offending (alcoholics 25x more likely to commit violent crimes)
38
John Monhanan: 3 things about relationship with disorders and violence
- John Monahan stresses 3 things about research relationship of disorders and violence:
1. Relationship only refers to ppl currently experiencing a serious disorder (ppl who have had in past unlikely)
2. Great majority (90%) of mentally ill not violent
3. Link not only for serious mental illness and violence but also stronger for those with history of violence
39
MacArthur Research Network
- what did it accomplish
- resutls (%)
- later research
- Some of best research on violence and mentally ill is conducted by MacArthur research network
- Followed 1,000 patients discharged to determine aggressive behavior over one year. Also measured on risk factors (violent fantasies, abuse as child, neg family envior, neg ppl in social network)
- Data allowed to develop a risk assessment instrument (The Multiple Iterative Classification, ICT) which can help clinicians identify low, average, hi risk ppl
- Half of patients in study were of low risk
- No single factor predictor of violence (Propensity for violence is result of accum of risk factors)
- Later research used new sample of low risk and hi risk that were assessed and interviewed. Arrest records reviewed. Expected rates of violence were 1% for low and 64% for hi; observed rates were 9 for low and 49 for hi
40
Police and mentally disorders
- Teplin research (%)
- Since Teplin's research
- research found
- major improvements
- Research showed that police may be more opt to arrest mentally disorder (Teplin found 20% more disordered arrested) prob due to annoying symptoms
- Some instances where police have taken them into custody to provide them with shelter; however larger number have failed to recognize mental disorder and simply saw disresptful behavior
- Since Teplin’s study 30 yrs ago, Signficant changes made in handling of mentally ill. Polic academics more likley to offer training with disorders.
- Research found that disorder more likely to give false confessions to police however later study showed it may be due to police acsking more questions
- Communities also making mental health courts that provide diversionary options (rather than jail held in shelter or treatment) Mental health courts being established across nation and are cost effective, effeiceint and give good treatment
41
Mentally disordered inmates
- difficulty
- prev
- gender diffs
- severe disorder prev
- APD prev
- difficult to assess diagnoses bc (4)
- Mental disorders in prisons sometimes used as evidence for assoc btwn crime and mental disorders however prevelance and nature of disorder difficult to determine: some data based on inmate’s self-report
- Most research shows pop of mentally ill in prison’s increasing (estimated ½ of all inmates have problems menatlly)
- Female inmates have higher rates; most common problem is depression followed by psyhotic disorders
- Other research reports 10-15% of inmates have SEVERE disorders
- 40-80 inmates estimated to have APD
- Difficult to determine how accurate diagnoseses are in prisons bc: 1. Most could have just been diagnosed with APD 2. Some data collected by self-report 3. Relaibiltiy of diagnosis is often in doubt 4. We don’t know if inmate had disorder before jail
42
Incarceration
- how many in US
- within 3 yrs of release (2)
2 million people incarcerated in US
- 67% of former prisoners are rearrested
- 52% are re-incarcerated
43
Incarceration in the US
- has increased by how much since?
- Results (2)
- Recommendations (4)
- Increased by 8X since 1970
Results:
1. Little impact on crime
2. Huge cost to taxpayers
1. shorter sentences & parole terms
2. alternative punishments
3. more help for released inmates
4. decriminalizing recreational drugs
44
Recidivism
relapse into criminal behavior; often after receiving sanctions or undergoing intervention for previous crime
45
Sanctions
all punishments available to jurisdiction,
| e.g. fines, community supervision & imprisonment.
46
Rehabilitation
- effect of impronsment
- post-release offenses are how much higher(%)
- effective of rehabilitation & low risk/high risk recidivism
- risk factors for reoffedning (3)
- % when you address the factors
- Prison sentences don’t reduce recidivism
- Post-release offenses are 3 -7% higher, longer you're imprisoned the worse
- Rehabilitation programs reduce recidivism. Rehabilitation in low risk offender 3% reduction in recidivism; high risk offenders 3x more effective than incarceration alone resulting in 10% reduction.
1. age at 1st offense (younger you are higher the risk)
2. # of prior offenses
3. level of family & personal problems in childhood
- reduction is 26-32% compared to increase of 3-7% using just incarceration alone
47
Working with offenders
- history of treatment
- effective rehabilitation programs(3)
Moving away from psychodynamic (group therapy) and Moving toward behavior modification (1990s)
1] provide more rehabilitation effort for people with known offense risk factors
2] address problems & needs proven causal links to offending
3] use cognitive-behavioral approaches
48
Characteristics of effective treatments (6)
1. Indiscriminate targeting is counterproductive; Target medium-high risk offenders
2. Most effective therapy includes cognitive component (encourage offender to focus on attitudes and beliefs); Target thinking & behaviors related to offending
3. Multimodal/structured approaches more effective 4.Engage high levels of offender responsively
5. Link (structurally) residential programs with community based interventions
6. Most effective programs have highest integrity carried out by trained staff
49
Aggressive-Replacement Training
Multimodal (3 sequential parts) intervention program for violent offenders- developed in 1980s to alter chronically aggressive behavior in youths but found effective for adults too
3 components:
1. Skillstreaming- teaching new skills to replace destructive behaviors with constructive ones (develop new conflict resolution skills)
2. Anger control training- establish individual anger triggers and use anger management training
3. Moral reasoning training- teaches understanding of actions effects on others
50
Residential programs vs. community based
- community vs. res %s
- Reason?
```
Residential programs (hallways houses/prisons) tend to be less effective.
Community programs=35% reduction in recidivism vs. residential programs (17%)
- Mixing adults with juvies in prisons; community allows them to interact with more constructive ppl
```
51
Resocialization
retrain person mentally and emotionally to operate in enviro other than they are accustomed to
52
Example of nation
Netherlands 20 yrs ago: reduced number of arrests and reincarcerations by decriminalizing some types of behaviors
1. started separating hard and soft crimes; treated addiction as med prob not legal one
2. Legalize prostitution in 2000
53
US prison population % out of world (2%s)
US has 5% of world population and 25% of world prisoners
54
Primary goal of improsinment
punishment
55
Jail vs. Prison
1. refers to county/city housing inmates awaiting trial of misdemeanors of a year or less
2. Longer term, awaiting trial for crimes prosecuted at state or federal level (1 yr sentence or more)
56
Alcatraz
Ealry standard for those in supermax prisons, worst criminals, no contact, in cell 23/24 hours a day
57
Fastest growing prison population
Women
58
Competency evaluation
- clinical interview
- empirical measures
- instruments (6)
- Most comprehensive approach
- Clinical interview: presecne or absscene of psychosis
- Empirical measures: Reliable psychological assessment tools (IQ & Personality Tests)
- Competency Specific Instruments
(CAI, CST, FIT, IFI, GCCT, MacCAT-CA)
59
Dusky vs. United states
(1960) a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial.[1] In this case, the court outlined the basic standards for determining competency. Dusky was charged with assisting in the kidnapping and rape of an underage female. He was clearly suffering from schizophrenia but was found Competent to Stand Trial and received a sentence of 45 years. On petition of writ of certiorari to the United States Supreme Court, the petitioner requested that his conviction be reversed on the grounds that he was not competent to stand trial at the time of the proceeding
60
Godinez vs. Moran
(1993) was a landmark decision in which the U.S. Supreme Court ruled that if a defendant was competent to stand trial, they were automatically competent to plead guilty, and thereby waive the panoply of trial rights, including the right to counsel.
61
Riggins vs. Nevada
(1992) Non-convicted defendant can not be involuntarily medicated Unless state can show there are no less intrusive means to restore competency & is a danger to himself or others
62
US vs. Weston
(2001) established legal precedent for forcibly administering medication to restore competency in case of federal capitol crime
63
Competency Doctrine rationale (4)
1. Accurate decision of guilt versus innocence
2. Fairness for defendant
3. Appearance of justice
4. Dignity of criminal trial
Forensics
flashcards
Decks in class (24)
# Cards
-
Chapter 150
-
Chapter 234
-
Chapter 333
-
Chapter 437
-
Chapter 863
-
extra stuff13
-
Chapter 660
-
School Violence & Cyber bullying45
-
Juvenile Homicide11
-
Juvenile Crime22
-
Chapter 764
-
Chapter 544
-
Chapter 919
-
Chapter 1133
-
Chapter 1238
-
Chapter 1319
-
Chapter 1542
-
Chapter 1037
-
Lecture crap16
-
Profiling/work violence19
-
Capital Punishment26
-
Eye witness testimony20
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DNA Evidence4
-
polygraph8
