Psy 495 Exam 2 Study Guide
Psy 495 Exam 2 Study Guide PSY 495
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This 29 page Study Guide was uploaded by Laura Pratt on Tuesday January 26, 2016. The Study Guide belongs to PSY 495 at California State University Long Beach taught by Dr. Saberi in Fall 2015. Since its upload, it has received 55 views. For similar materials see Psychology and the Law in Psychlogy at California State University Long Beach.
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Psychology 495 Study Guide This midterm exam will consist of multiple choice, short answer, and essay questions. Please bring scantron form 882E for the exam. It will cover chapters 5, 7 and 11. Chapter 11 –Interrogations and Confessions (56 m.c. questions – read!) The role of forensic psychologists in police interrogations convince law enforcement authorities to reexamine their interrogation procedures Paul Ingram case daughter accused him of raping her and her sister roles: consultant, employee of police department, educating police detectives about the possibility of false confessions, expert witness, educating public about the dangers of misleading interrogations The psychology of false confessions – types, rates of false confessions Richard Ofshe (social psychologist) Ingram’s false confession was elicited through hypnosis and “trance logic” confessions are negotiated 20% of confessions are recanted (suspect who has made an incriminating statement later states that it was false) Types of false confessions 1. Voluntary false confessions: confessions that are false but are offered willingly, without elicitation 2. Coercedcompliant confessions: suspect confesses, even while knowing he/she is innocent “thirddegree” tactics like extreme deprivation, brutality and torture were used to elicit coercedcompliant confessions police procedures used now include psychologically oriented ploys (e.g. solicitousness and sympathy), use of informants, lying to suspects 3. Coercedinternalized confessions: innocent suspect confesses and comes to believe that he or she is guilty (like in case of Paul Ingram reflects suggestibility and internalization) Prevalence of false confessions Wrongful conviction: estimates vary from 35 per year to 600 per year; 16/205 cases of wrongful convictions were result of coerced confessions People’s SelfExpectations: on occasion people admit to the police that they committed a crime when they are in fact innocent False Confessions in the Real World: 2025% cases involving false confessions The role of interrogations in confessions and the contributions of psychologists police question suspects for two reasons: to get more information about the case to induce suspects to confess main goal for the interrogation of suspects by police is to gain information that furthers the investigation some other goals for interrogations include finding information on: location of physical evidence identity of accomplices details of other crimes in which the suspect participated Third degree tactics extreme deprivation brutality torture Illegal interrogation techniques guideline is to ask: “Is the action something that is likely to cause the suspect to make a false confession?” If it is, it should not be employed physical and psychological coercion are of concern because either can cause innocent suspects to confess illegal tactics include: physical force, abuse, and torture threats of harm or punishment prolonged isolation or deprivation of food or sleep promises of leniency failure certain types of psychological influence Chapter 5 (at least 1 essay question and a few short answer) Insanity and competency focus on class lecture Insanity: criminal responsibility, refers to the state of mind of the individual at the time of the offense, not the current mental state presence of mens rea “guilty mind” guilt commission of an act along with awareness of the act’s implications Insanity is a legal concept, not a psychiatric term varies among jurisdictions not guilty by reason of insanity (NGRI) entered as a plea Statistics less than 1% of all defendants enter a plea of NGRI, and only 25% of the 1% found NGRI NGRI acquittees spend more time in hospitals than those sent to prison Almost all appear before a judge, not a jury LA Country, more than 100,000 felony cases filed per year on average, only 125200 defendants are found NGRI in the entire state of California More likely to be found NGRI if property crime as opposed to violent crime NGRI if killed a family member rather than a stranger less graphic the pictures, more likely to be found NGRI Historical factors 500 BC Greece “ A person is morally responsible if, with knowledge of the circumstances, and the absence of external compulsion, he deliberately chooses to commit a forbidden act. 450 BC (roman law) excused children and the insane from crimes 1510 England criminal behavior must involve knowing “good from evil” Standards of insanity (Be able to name 3 standards by reason of insanity/mentally ill for the test) Mc’naughten Rule historical background found NGRI due to delusional system Three elements; A person should be judged insane if the following are present: 1. Defendant suffering from “a defect of reason, from a disease of the mind.” 2. As a result, the defendant did not “know” the “nature and the quality of the act he was doing.” (wild beast test) 3. As a result, the defendant did not know that “what he was doing was wrong” cognitive test of insanity Irresistible impulse: If a defendant demonstrated cognitive knowledge of right or wrong, he or she could still be found not guilty by reason of insanity if his or her free will was so destroyed or overruled that the person had lost the power to choose between right and wrong Volitional aspect: person lost the power to choose right from wrong, or irresistibility driven to commit a criminal act by an overpowering impulse resulting from a mental condition Durham Rule Based on Durham v. US (1954) defendant is insane if “unlawful act was the product of a mental disease or defect too liberal not defined well and therefore any DSMIV TR condition can qualify American Law Institute (ALI standard, 1972) test of cognition (substantial capacity to appreciate criminality) and volition (or to conform conduct to law) used by 21 states Guilty but Mentally Ill developed at the University of MIchigan in 1975 (used only in Michigan) defendant guilty, mentally ill at the time of the offense, and not insane After this verdict, the defendant is provided treatment at a state hospital until declared to be sane and then the defendant is sent to prison Verdict, not defense Insanity Defense Reform Act 1984 a cognitive test alone Famous insanity cases M’Naghten’s case most narrow standard “Such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.” Irresistible Impulse Test Parsons v. State by reason of duress of mental disease, the defendant had so far lost the power to choose between the right and wrong, and to avoid doing the act in question Durham v. U.S. accused is not criminally responsible if his unlawful act was the product of mental disease or defect product test American Law Institute’s Model Penal Code U.S. v. Brawner 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 appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law Insanity Defense Reform Act defendant must prove by clear and convincing evidence that at the time of criminal conduct, and as a result of mental disease or defect, the (defendant) was unable to appreciate the wrongfulness of such conduct Court Proceedings ● Establishing specific intent Diminished capacity/responsibility/intent Rogers Criminal Responsibility Assessment Scales (RCRAS) 25 items organicity psychopathology cognitive control behavioral control reliability of the report Mental screening evaluation (MSE) no formal scoring 1960s Rose Byrd, CA mental condition resulting in a reduction of charge voluntary intoxication People vs. Dan White “Twinkie Defense” Burden of proof Proving beyond a reasonable doubt In the case of Hinckley – burden of proof announced by the judge was to prove beyond a reasonable doubt that Hinckley was not insane Shifted from prosecution having to prove lack of insanity (Hinckley’s case) to defense having to prove insanity. vast majority use “preponderance of the evidence” rather than “clear and convincing evidence” It is now on the defendant to prove insanity by clear and convincing evidence rather than the prosecution to disprove insanity Assessment of competency Criminal vs. Civil Dusky vs. US competency to stand trial 1960 Test for a defendant’s competency to proceed to trial is “whether (the defendant) has sufficient present ability to consult with (a) lawyer with a reasonable degree of rational understanding and whether (the defendant) has a rational as well as factual understanding of the proceedings” Prongs of competence Functional demands of competency to stand trial Not to know the nature and quality of the act AND not to know that it was wrong understand charges possible penalties adversarial nature of legal system assist communicate with attorney testify in own behalf understand proceedings; pay attention, concentrate behave appropriately in a hearing or trial make decisions in rational way concerning plea, testimony, and other decisions Types of competence (stand trial, testify, and executed) basically the defendant must be competent on all court proceedings and legal terms and on what is to happen to them if found guilty competency to stand trial looking at the defendant’s mental state at the time of the trial focus on the present state evaluate “ the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder” evaluate “whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence” competency to testify focus on the present state must be able to understand what is happening competency to be executed focus on the present state if found guilty and sentenced to death, the defendant must understand what execution is Chapter 7 (majority of the exam!) Battered Woman Syndrome What is a syndrome? usually defined as a set of symptoms that may exist together such that they may be considered to imply a disorder or disease Statistics related to domestic violence 22% women, 7.4% men physically assaulted by current or former “partner” women represent 95% of adult victims between 14 million women abused per year lifetime risk for women is about 20% Power and control wheel Psychological abuse: 1. coercion and threats 2. intimidation 3. emotional abuse 4. isolation 5. minimization, denial, and blaming 6. use of children to control the woman 7. use of “male privilege” 8. economic/resource abuse Cycle of violence a man may be loving during courtship but he gradually becomes more aggressive Tensionbuilding phase: more criticism, bickering, increased strain, and maybe minor physical abuse Acute battering incident: another part of the cycle of abuse; batterer explodes into an uncontrollable rage and leads to injuring woman Contrite phase: batterer’s use of promises and gifts increases the battered woman’s hope that violence occurred for the last time hypervigilance: overly startled to cues of danger Battered Woman Syndrome (BWS) A woman’s presumed reactions to a pattern of continual physical and psychological abuse inflicted on her by her mate Components learned helplessness lowered selfesteem impaired functioning (e.g. planful behavior) loss of the assumption of invulnerability fear/terror as reactions to batterer anger/rage diminished alternatives (so might believe they will be killed (85% feel this way)) cycle of abuse hypervigilance high tolerance for cognitive inconstancy (woman might believe that her husband only hits her when he is drunk while simultaneously explaining a time when he hit her and was not drunk) Role of psychologist clinical forensic psychologist → careful assessment of the responses from a woman who has killed her husband thorough psychological examination that explores the history of the relationship, the history of abuse, the attempts to leave the relationship, and the woman’s feelings about the deceased verification of self reports through medical records and interviews with others use of Dutton’s Abusive Behavior Observation Checklist to systemize the nature of the abuse expert witness in court BWS in court use of BWS as part of a defense in court focus is solely on those women who kill their abusers more than 10% of the homicides in the U.S. are committed by women, and a significant percentage percentage of these women have killed an abusive partner Possible defenses insanity, selfdefense, psychological selfdefense Psychological selfdefense: kill batterer to protect themselves from being destroyed psychologically Insanity defense: the woman was unable to tell difference between right and wrong defense needs to show the woman was coerced or temporarily insane Selfdefense: defined in most states as the use of equal force or the lease amount of force necessary to repel danger when the person reasonably perceives that she is in imminent danger of serious bodily damage or death rests on the justification of the act as a necessary one in order to protect the woman or someone else from further harm or death Jurors reactions of BWS (pgs. 161162) the more the expert witness can relate the defendant to research the more the jury will see her in a favorable light jury can see expert testimony as a good or bad thing in determining the verdict NO CONSISTENT ANSWER TO THE QUESTION OF EFFECTIVENESS OF EXPERT TESTIMONY Criticism of BWS (pgs. 162164) portrays women in an unfavorable light BWS has been questioned with regard to validity as an empirically established concept behavior of the attorneys representing the women ex: using the “little girl” for a 23yearold woman emotions may resurface contributing to the cultural notion that women show emotions more and that a woman’s emotional response is relevant to the case perpetuating battered woman stereotype criticisms primarily centered on the quality of the empirical basis for the cycle of violence theory and the application of the concept of learned helplessness (component of BWS) Rape and Rape Trauma Syndrome (lecture and text) (admissibility – remember case from this subject) A. General lecture on rape Definition of rape, the issue of consent, legal distinctions, rape causes, etiology (types of rapists), rape culture, date rape drugs Rape (FBI definition): “Carnal knowledge of a female, forcibly and against her consent.” definition extended to include males Statutory rape: sexual intercourse with a child younger than a certain age (state law in CA = 18; in TX = 16 years old) Consent includes: conscious, free to act, and legally able to provide consent Rape Legal distinctions first degree rape guilty when there is sexual intercourse and forcible compulsion some kind of threat kidnapping serious physical injury another violation/felony like breaking and entering second degree rape sexual intercourse and forcible compulsion ex. treatment provider and a resident third degree rape sexual intercourse and forcible compulsion sexual contact mental incapacity forcible compulsion lack of consent some threat of harm to property Rape Causes Feminist perspective act of aggression motivated by need for power more common in college men than expected media portrayals of violent sex “cultural spillover” rape more common in cultures that encourage violence sociocultural and sociobiological perspectives women are 80% more likely to be raped during college years than any other time in their lives Etiology of rape power rapists: to compensate for personal inadequacy anger rapists: at women in general sadism rapists: satisfaction from torture and pain cognitive distortions rape myths men define rape differently and justify it by saying it is “rough sex” “she is saying no but she really means yes” “I bought her dinner so I deserve it” 70% of college males said that they would rape a woman if there were no consequences and if no one found out Rape culture language: any words that have to do with force (e.g. “roughing” someone minimizes the impact of the force) male power control in more than just culture but also economics the role of the media movies songs: New boys on the block song male power and control the legal system blaming the victim Date rape drugs alcohol: 80% where drugs are used perpetrator uses alcohol Rohypnol aka Ruphies: outlawed in U.S. 10x the power of Valuum death by this drug can happen because dosage is difficult to measure black out for 1012 hours in some cases = prolonged coma GHB (Gamma Hydroxy Butyrate): difference from ruphies is that people react like they are on PCP meaning, no gag reflex, 35 hours of effect, more “sexual” than ruphies, vomiting more often than with ruphies, can cause coma and there is a higher death rate B. Rape trauma syndrome components, phases, psychologists' roles in testifying for RTS and admissibility in court testimonies. Burgess and Holmstrom uniformity of responses from 92 women subjected to rape or sexual abuse Two Phases of Rape Trauma Syndrome Phase 1 → Acute Crisis (within the few hours and days) involves selfblame distorted perceptions denial, shock, disbelief disruption in functioning guilt, hostility, blame regression to helplessness or dependency distorted perceptions trauma triggers (every man who is a type triggers a panic) everything becomes dangerous/scary Phase 2 → Long Term Reactions phobias disturbances in general functioning sexual problems changes in lifestyle Factors influencing recovery ○ age and developmental level ○ relationship to offender ■ if one knows the offender more more affected by the situation because it has to do with betrayal of trust ○ social support ○ meaning of the event ■ frequency, duration, severity, degree of violation, location ■ losing virginity meaning assigned to the event is lost and more traumatizing ○ event ■ event itself how extreme (in terms of violence), more affected if violated in your own home ○ available victim services Psychologist’s Role ○ assessment self report, mental health/medical records, collateral contact, previous history of assaults ■ assessment of functioning ■ changes in identity ■ phobias and fears ■ social adjustment and coping ○ expert witness ■ psychologist can’t just go in and say this person was raped can say that this woman/man is experiencing similar symptoms to other people who have been found to be raped ■ education ■ debunk rape myths ■ was there consent? ■ effects of the event ■ cognitive distortions ■ specific effects on the victim ○ **admissibility in court** ■ implications of corroborating the crime ■ inconsistent court decisions ■ admissibility (State V. Marks, State v. Saldana) ■ Marks psychologists could give expert testimonies ■ Saldana RTS cannot determine that a rape actually occurred ■ proficiency of experts (State v. McCoy, v. State v. Willis) ■ McCoy psychologists need a master’s degree and extensive clinical experience ■ Willis only a psychiatrist can testify ■ issues of consent (State v. McCoy; People v. Bledsoe) ■ McCoy psychologists need a master’s degree and extensive clinical experience ■ Bledsoe testimony from an expert witness was inadmissable if the intention was to prove that a rape occurred ■ know a couple cases for the exam (essay format) Current research on RTS symptoms depression fear anxiety phobias PTSD v. RTS depression, anger, sexual dysfunction and disruption of basic values not included in PTSD criteria 10.12.15 Insanity and Competency _______________________________(Laura’s notes)_______________________________ ● Under the historical landmark case of Mc’naghten Rule ● 1843 – believed he was being targeted by the pope and prime minister – found not guilty ● Three criteria need to exist to meet standard of insanity ○ Irresistible Impulse Standard ○ E.G. Crime of passion ○ Not as specific ○ Most states don’t use this rule ● Durham Rule ○ Durham v US – unlawful act was product of disease ○ ALI standard (American Law Institute) ○ Test of cognition ○ Guilty but mentally ill – sentence is the same of insanity sentence ● Competency to stand trial ○ different from being mentally ill ○ Jackson v Indiana time served for incompetence ○ Sell v U.S. can be forced to take drugs to restore competence ○ Dusky v U.S. need to have factual competence ○ Practice > Interview, Record ○ Max Date Time served that is the maximum for the crime (can’t be kept in to restore competence beyond the max date even if they are not competent yet) ● On the exam: Name 3 standards (by reason of insanity/mentally ill) ○ ALI Standard/Brawner Rule, Irresistible Impulse test, M’Naghten Test, Insanity Defense, Competency to Stand Trial, Durham Test _____________________________(Caitlin’s notes)_________________________________ possible exam question → name three standards of insanity ● NGRI → Not Guilty by Reason of Insanity ○ more likely if.. ■ property crime as opposed to a violent crime ■ killed a family member rather than a stranger ■ less graphic the pictures ■ varies among jurisdictions ● **Mc’naghten Rule (1843)** ○ historical case à found NGRI due to the delusional system ○ **three elements**: ■ suffering from a disease of the mind ■ did not know the nature and quality of the act (wild beast test) ■ did not know right from wrong ○ quite a few states still use this rule ● Irresistible Impulse Standard ○ lost the power to choose right from wrong, or irresistibly driven to commit a criminal act by an overpowering impulse resulting from a mental condition ● Durham Rule ○ insane if “unlawful act was the product of a mental disease of defect” ■ too liberal ■ not defined well and therefore any DSMIV TR condition can qualify ● ALI Standard (American Law Institute) ○ test of cognition and volition ● Guilty but Mentally Ill (GBMI) ○ only used by Michigan ○ guilty but mentally ill, not insane ● Insanity Defense Reform Act (1984) ○ cognitive test alone ● Burden of Proof (of insanity) ○ was prosecution (Hinckley’s case), now defense ● Diminished Capacity/Diminished Responsibility à Diminished Intent ● Look at history (criminal, mental health, medical), current clinical condition (interview, psychological testing, third party interviews), mental state at time of offense (arrest records, witness statements, interview with third parties, interview with defendants) ● Competency to Stand Trial ○ Dusky v. US ■ does the defendant have a rational as well as factual understanding of the proceedings? ● consult with a lawyer about what’s happening ● Jackson v. Indiana ○ cannot spend indefinite amount of time in jail ○ once they reach the maximum sentence they can be released ● Sell v. US ○ can be forced to take meds before going back to court to restore them back to health ● **Functional Demands** ○ understand ■ charges ■ possible penalties ■ adversarial nature of legal system ○ assist ■ communicate with attorney ■ testify in own behalf ■ understand proceedings; pay attention, concentrate ■ behave appropriately in a hearing or trial ■ make decisions in a rational way concerning plea, testimony, and other decisions ● Case of Ms. A ○ had twins that died in a car crash when they were 3yearsold ○ she thought the mom of the child had kidnapped her because of the hair of the child ■ thought hair was telling her that the child wasn’t with the right person/parent (“please help me”) ■ she picked up the child and was trying to walk away with her ○ first impression (slide on insanity PowerPoint) ■ October 28, 2008 ○ treatment/restoration ■ needed to be able to explain terms ○ released on max date; was never competent to stand trial ■ sent to hospital on a 5150 but it wasn’t criminal anymore Chapter 5 Affirmative defense If for example pleading not guilty by reason of insanity it is an affirmative defense to the crime meaning the defendant has argued that he or she meets the insanity defense standard – determined to be not guilty ALI standard Developed because of criticisms of Durham Test U.S. v Brawner (1972) “A person is not responsible for criminal conduct if at the time of the action, as a result of mental disease or defect, he or she lack substantial capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law” Required substantial capacity – not total incapacity Can be thought of as including two aspects (cognitive and volitional) 20 states use this standard Burden of proof Proving beyond a reasonable doubt In the case of Hinckley – burden of proof announced by the judge was to prove beyond a reasonable doubt that Hinckley was not insane It is now on the defendant to prove insanity by clear and convincing evidence rather than the prosecution to disprove insanity Cognitive test of insanity E.g. M’Naghten test It emphasizes the quality of the person’s thought processes and perceptions of reality at the same time Competency evaluation defendant’s attorney may seek the assistance of a psychologist or psychiatrist to assess his state focuses on several issues like why does the defendant want to plead guilty, etc. Competency to stand trial refers to a person’s ability to understand the nature or purpose of court proceedings and it is applicable at every stage of the criminal justice process (from interrogations and pretrial hearings to trials and sentencing hearings) GBMI Guilty but mentally ill After this verdict, the defendant is provided treatment at a state hospital until declared to be sane and then the defendant is sent to prison Verdict, not defense Guilt Commission of an illegal act and an existing state of mind reflecting awareness of the act’s implications Harm A determination of guilt and a punishment, as evaluations and responses, should ensue only if there is free will and intent to do harm (Durham v. U.S., 1954) Insanity Legal concept To be decided by the triers of fact and not medical or psychological one Irresistible impulse If a defendant demonstrated cognitive knowledge of exemption right or wrong, he or she could still be found not guilty by reason of insanity if his or her free will was so destroyed or overruled that the person had lost the power to choose between right and wrong Malingering Is the defendant stimulating a serious mental disorder in order to avoid a guilty verdict or a prison sentence? Mens rea “a guilty mind” Essential to the classification of an illegal act M’Naghten rule A person should be judged insane if the following are present: o 1. Defendant suffering from “a defect of reason, from a disease of the mind.” o 2. As a result, the defendant did not “know” the “nature and the quality of the act he was doing.” o 3. As a result, the defendant did not know that “what he was doing was wrong” Necrophilia reflects sexual urges that caused him to kill young men and then preserve their body parts in an effort to maintain sexual intimacy NGRI Not guilty by reason of insanity Usually committed to a psychiatric hospital and remain there as long as they fit the criteria for possession of serious psychiatric disorders Paraphilia abnormal sexual behavior Ultimateissue, or ultimate Modified federal law specifically to prohibit opinion, testimony mental health experts from testifying about ultimate legal issues issues with judging insanity it should be the jury, not the experts who decide if a defendant is insane/sane Volitional aspect of insanity When referring to loss of ability to control one’s behavior (e.g. irresistible impulse exemption) the court refers to it using this terminology ● Difficulty in Determining Insanity ○ 1. Insanity is determined by the triers of fact ○ 2. Legal definition of insanity may vary from jurisdiction to jurisdiction ○ 3. Forensic psychiatrist/psychologist is faced with the difficult task of assessing insanity and has to make retrospective assessment of person’s mental state at the time of the offense ● Insanity vs Psychosis ○ Not guilty by reason of insanity is not limited to major offenses – also used for more minor crimes ● Definitions ○ Mens rea ○ Harm ○ Guilt ○ Not guilty by reason of insanity ○ M’Naghten rule (cognitive test of insanity) ○ Clark v Arizona (2006) ■ Paranoid schizophrenic, wrongfully tried? ● Court ruled that limitation on insanity defense was constitutional ○ Irresistible Impulse Standard ○ Irresistible impulse exemption ○ Volitional aspect of insanity ○ The Durham Test ■ Durham v. U.S. (1954) – Judge David Bazelon developed the Durham rule which stated that the accused was not criminally responsible if his or her unlawful act was a product of mental disease or defect ■ Closer to psychiatric concepts ■ Currently used in only one state – New Hampshire ● ALI Standard ○ U.S. v Brawner ○ Guilty but mentally ill ○ Criticisms: ○ Definition of GBMI and the provisions for incarceration vary by state ○ Difficult for jurors to distinguish between NGRI and GBMI ○ Adoption of GBMI has not decreased NGRI acquittals ○ Does not ensure that such offenders will get effective treatment ● Burden of proof ○ Now it is the defendant who has to prove a client is insane ○ John Salvi ○ Apparently insane (in retrospect) but was sentenced to life and prison and was later found dead (apparently, suicide) ● Assessment of Criminal Responsibility ○ Scales transfer ALI definition into 25 quantifiable variables, grouped into 5 topics of psycholegal relevance ■ organicity ■ psychopathology ■ cognitive control ■ behavioral control ■ reliability of the report ■ (RCRAS items requires the examiner to rate a specific psychological/situational variable on the delineated criteria) ● The John Hinckley Trial ○ utilized expert psychiatrists on each side ○ lawyers did not try to dispute evidence, but rather argued that Hinckley’s brain did not “appreciate” the consequences of the act ○ jury found Hinckley not guilty by reason of insanity burden of proof at the time was on the prosecution to show that Hinckley was sane beyond a reasonable doubt ● The Jeffrey Dahmer Trial ○ Necrophilia reflects sexual urges that caused him to kill young men and then preserve their body parts in an effort to maintain sexual intimacy ● Competency to Stand trial ○ question to answer is if the defendant has an impairment, does it affect his/her ability to participate knowingly and meaningfully in the trial and to cooperate with the defense attorney? ○ Competency Screening Test (CST) ■ 22 item sentencecompletion task ○ The Competency Assessment Instrument (CAI) 10.19.15 Domestic Violence and Battered Woman Syndrome ____________________________(Laura’s notes)__________________________________ Battered women who kill Less than half of all DV incidents are reported to the police DV constitutes nearly half of all violent crime calls Beverly IbnTamas shot her husband three times and there was a discrepancy between what she reported and the employee who witnessed whether she could get away without killing her husband Application: Dyas Test Conclusion: she served two years in prison for second degree murder of her husband Smith vs. Georgia 1997 – convicted of manslaughter (only shot husband but tried to get him medical attention but he refused and died from his wounds – she only wanted to get away) State vs. Marx On July 4, 1980 – 20 year old girl who was drugged and raped by a man Changed the definition of what was considered rape Usually based on heresay – he said she said thing Jackson v. State of Florida Tina Mancini – Theresa Jackson Theresa Jackson was convicted of several charges including the suicide of her daughter Tina Mancini First time a psychological autopsy was used in a criminal case (14 facets of psychological autopsy) Issue is whether a psychological autopsy performed on a suicide victim is proper evidence in a criminal case Rule is Frye v U.S. – Tina – information should not be admissible from the psychological autopsy Court ruled that abuse was relevant to Tina’s suicide and Theresa was convicted for 25 years Skit of DV Bennie would limit her social circle, finances, belittle, threaten kids/pets, deflecting, waited for most vulnerable (pregnant) and escalated abuse and bribing. KNOW! 24 hrs after a battered woman leaves she is more likely to die Video Women stay because they love the batterer The batterer will coerce the victim to stay by buying her, apologizing sincerely, etc. Batterer becomes emotionally dependent on victim which causes her to want to take care of him Abuse can be emotional, physical, threatening children/pets, etc. Person who is abused is being controlled by batterer – they isolate them Safety is a good reason to stay, not to leave because they are likely to be killed by their mate if they leave (within 24 hrs) Primary aggressor – even when women abuse it is very different from how women abuse o If injuries are not equal it is not mutual combat – need to determine who is primary aggressor Batterers charm the police and seem calm and collected which weakens the victim’s story Batterers are less likely to reabuse if they feel heard by the police ____________________________(Caitlin’s notes)__________________________________ ● 22% of women and 7.4% of men are physically assaulted by current or former partners ○ % of men are usually assaulted by other men, but there are women out there who are abusive ● Components ○ learned helplessness ■ humans become accustomed to the pain and don’t leave ■ women in DV relationships were likely abused as children or exposed to it as children ○ anger/rage ■ could be directed inward.. ○ Cycle of Abuse ■ violent episode → contrite phase → honeymoon phase → explosion (violent episode) ■ eventually phases shorten and the violent episode becomes the majority of the cycle ○ cognitive inconsistency ■ victim starts to take the blame ■ remembering beatings only at certain times (e.g. when he is drunk he hits me) ○ battered women who kill ■ self-defense → they were in imminent danger ● psychological selfdefense ■ insanity ○ domestic violence is about power and control ■ social circle ■ money ■ belittle ■ kids/pets ■ destruction of property ● usually something of sentimental value ■ deflecting the blame ■ bribery/emotional control ● reinforcing and punishing ■ abuse escalates during pregnancy ● more vulnerable and less likely to leave ○ barriers to detection ■ lack of knowledge ■ lack of confidence in intervention ■ lack of time ■ doctors are mandated to report abuse ○ Caucasian women are abused the most.. ○ different types of abuse ■ physical ■ sexual ■ psychological ■ economic ● power and control wheel → exam question! ○ what makes batterers so powerful? ■ isolation of victim ■ societal denial ■ use of religious issues ■ use of cultural issues ■ threats of retaliation ○ woman most vulnerable to get killed 24 hours after she leaves ○ children may end up having: ■ physical injuries ● intentional ● unintentional ■ psychological injuries ○ 85% of police calls for DV, children had witnessed the violence ○ witnessing parental violence is a risk factor for: ■ males → to physically abuse ■ females → to become victims of abuse Chapter 7: Pgs. 148163 Syndrome Usually defined as a set of symptoms that may exist together such that they may be considered to imply a disorder or disease Battered woman syndrome A woman’s presumed reactions to a pattern of continual physical and psychological abuse inflicted on her by her mate Learned helplessness Response to being exposed to painful stimuli over which victims have no control and finding that no avenue readily exists for escape (1. Component of battered woman syndrome) Cycle of abuse A man may be loving during courtship but he gradua
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