Week 9 Notes
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This 5 page Class Notes was uploaded by Emily Brandenburg on Thursday March 19, 2015. The Class Notes belongs to 4362 at Ohio University taught by Hoyt in Winter2015. Since its upload, it has received 68 views. For similar materials see Social Psychology of Justice in Psychlogy at Ohio University.
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Date Created: 03/19/15
March 10 2015 Chapter 8 Competency x Competency whether the individual has the ability to make their own life decisions x Civil competency o Involuntary psychiatric hospitalization due to danger to self or others I Danger to self suicidal thoughts or plans An individual could be hospitalized for up to 3 days without having to go to court 0 Danger to others show intent to harm another person threats 0 Probate Court w Competency to manage finances live on own x Competency to make treatment decisions 0 MacArthur Competency Assessment Tool Treatment x Competency to make a will x Criminal Competency usually the defendant 0 Competent to stand trial CST I Dusky v United States 0 Sufficient present ability to consult with attorney 0 Rational understanding of proceedings I Burden is on the defense to prove incompetence I Preponderance of evidence is standard 0 Most people are competent to stand trial 0 Competent to enter plea I Johnson v Zerbst o Competent to represent self I More stringent standard o If found not competent then it could be a violation of rights and appeals o Competent to be executed I Must understand that they are going to die and if they don t they can t be executed until COMPETENCY S RESTORED x Competency Tests o Competency Screening Test CST I 22item sentence completion 0 When I go to court my lawyer will 0 When they say a man is innocent until proven guilty I I MacArthur Competence Assessment Tool Criminal Adjudication MaxCAT CA 0 Assess 3 factors 0 Factual understanding of the legal system 0 Ability to reason about the legal system distinguish between more and less relevant information including ability to reason about 2 options I Capacity to understand own legal situation and circumstances x Restoring Competency 0 Education of legal system I Court may see to it that defendant goes through the process of learning how the system works 0 Medication and other treatments I Can be difficult for a defense attorney to prove that their client is actually mentally ill if they are full of medications 0 Legal right to refuse medication and courts ability to overrule Chapter 9 The Insanity Defense x Insanity is a legal concept concerning criminal responsibility 0 State of mind at the time of the crime 0 Awareness of the facts that make the act illegal x Insanity Defense Reform Act 1984 0 Before burden was on prosecutor to demonstrate sanity 0 Now burden is on defense to prove insanity x Modern Insanity Guidelines 0 Not Guilty by Reason of Insanity NGRI I McNaughton Rule 0 Suffering from defect of reasondisease of the mind 0 Didn t know nature and quality of the act 0 Didn t know the act was wrong x Durham Rule 0 quotan accused is not criminally responsible if his unlawful act was the product of mental disease or defect I Judge thought the guidelines were not good enough 0 Opened insanity defense to opinions of experts I Can become a battle of the experts 0 Problem what is a mental disease x Brawner Rule ALI Standard 0 Psychological Element not criminally responsible if behavior was a result of mental illness 0 Cognitive Element lack of substantial capacity gives leeway to the defense to appreciate wrongfulness of act 0 Volitional Element cannot conform to requirements of the law 0 Specifically exclude psychopaths x Guilty but Mentally Ill GBMI o In some states it s used as an addition to insanity o Criminally responsible but mental illness is recognized as mitigation factor 0 Treated in institution until recovered then imprisoned o Sentencing for GBMI I Can be held indefinitely I Time could exceed the sentence x Who uses what guidelines 0 26 states use McNaughton OH TX DC 21 states use ALI Standard 20 states have GBMI in addition to NGRI 4 States have no NGRI Federal Government I Can be NGRI but technically the federal government adopted the ALI but removed the language quotsubstantial capacity so it turns into McNaughton more or less 0 In most states the burden is quotpreponderance of evidence NOT beyond reasonable doubt OOOO x Public Perception and Reality of Insanity Pleas o Examined 1 million felony indictments in 8 states I 93 were insanity pleas 0 Public believes 37 of felonies involve insanity pleas I Outcomes 26 found NGRI 64 found guilty 10 not guiltycharges were dropped 0 Public believes that 44 found NGRI x Insanity Plea Crimes 0 Of those pleading NGRI I 29 physical assaults I 26 property crimes I 22 robbery I 14 murder 0 Of those receiving NGRI I 38 physical assault I 18 property crimes I 15 murder I 7 robbery 0 Mental Health and Insanity I 43 of those pleading insanity were diagnosed as schizophrenia I 68 of those receiving NGRI were schizophrenic Chapter 6 Jury Selection x Events in a trial 0 Pretrial actions hearings and motions 0 Discovery process of sharing information both sides I Witness lists I Evidence prosecutor is required to share exculpatory evidence but doesn t always happen wrongful convictions If defense has evidence that proves their client di the crime that evidence does not have to be shared with anyone I Trial Strategy 0 Only things such as alibi witness and insanity pleas o Depositions I Legally binding document I Prevents the witnesses from changing their statements I Talk to the other sides witnesses o Constitutional Issues I Evidence admissibility due process rights confess voluntariness
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