Chapter 10 Flashcards
(35 cards)
some common serious mental illnesses discussed in forensic assessments?
Major Depressive Disorder, Bipolar Disorder, Schizophrenia, Schizoaffective Disorder.
Why is psychopathy not considered a serious mental illness?
not detached from reality
What is the likelihood of individuals with serious mental illness committing violence?
People with serious mental illness are slightly more likely to commit acts of violence than the general public, with a higher risk when substance abuse is also present.
What were the findings of the MacArthur Violence Risk Assessment Study?
hallucinations and psychopathy) are associated with an increased risk of violence.
What symptoms are linked to violent behavior in individuals with serious mental illness?
Persecutory Delusions
Command Hallucinations
Grandiosity
Mania
Antisocial Personality Traits
What non-violent crimes are people with mental illness commonly arrested for?
Disorderly conduct
Loitering
Trespassing
Disturbing the peace
Shoplifting
Petty theft
What factors contribute to the criminalization of people with mental illness?
Zero tolerance policies
Nuisance laws
Mandatory drug sentencing
Assumptions that mental illness causes violence
Lack of mental health crisis response infrastructure
What are the challenges people with serious mental illness face in society?
Difficulty accessing medications
Severe medication side effects (nausea, drowsiness, tremors)
Delusional thinking that impacts treatment compliance
What rights do people with mental illness have?
They have the right to not be involuntarily treated unless they meet legal criteria, and conservatorship can be abused. They are also overrepresented in encampments.
: What key questions are posed to the criminal justice system regarding mental illness?
How does severe mental illness impact guilt?
Did the person understand their actions and the court proceedings?
What happens if they are found to be insane?
What is meant by “competence” in the criminal justice process?
competence refers to a defendant’s capacity to meaningfully participate in legal proceedings, including understanding the legal process, communicating with attorneys, and making informed decisions.
What are the consequences of being found incompetent to stand trial?
The individual may be sent to a psychiatric facility until they are deemed competent to stand trial, which can delay or prevent the legal proceedings from continuing.
What is the legal definition of insanity in forensic assessments?
Insanity refers to a mental state at the time of the offense where a defendant could not understand the nature of their actions or differentiate right from wrong due to mental illness.
What is the M’Naghten Rule and its importance in insanity defenses?
The M’Naghten Rule states that a defendant is not guilty by reason of insanity if, at the time of the crime, they did not understand the nature of their actions due to a mental disorder.
current criticisms of the insanity defense?
It can be faked to avoid punishment.
Those acquitted by insanity spend less time in a hospital than those convicted of similar crimes.
High media coverage leads to public misconceptions.
What is the “Guilty but Mentally Ill” (GBMI) verdict?
The GBMI verdict allows for individuals to start their sentence in a psychiatric facility and then be transferred to prison once treatment is completed or while they are incarcerated.
How does competence to stand trial differ from other competencies like pleading guilty or waiving Miranda rights?
Competence to stand trial ensures the defendant understands the legal process, while competencies like pleading guilty or waiving Miranda rights involve understanding and making informed decisions specific to those actions.
What is the role of juvenile competence in the criminal justice system?
The Supreme Court has acknowledged that juveniles’ immaturity distinguishes them from adult defendants, which is considered in determining their competence in legal proceedings.
What instruments are used to assess competence in criminal cases?
Fitness Interview Test – Revised
MacArthur Structured Assessment of Competence
Evaluation of Competence to Stand Trial – Revised
What are common findings from competence evaluations conducted by judges?
Judges often rely on clinicians’ opinions, forensic testing, and maturity in evaluating competence. 70% of defendants are found competent, with rates approaching 90% under rigorous exams.
Which of the following is a red flag and should make evaluators suspicious that a defendant might be trying to fake incompetence?
An extremely low score
Since Godinez v. Moran (1993), some scholars have suggested that instead of using terms such as competence to stand trial and competence to plead guilty, which of the following terms would be a better way to describe the multiple abilities that criminal defendants are expected to have?
Adjudicative competence
In Medina v. California (1992), the U.S. Supreme Court ruled which of the following?
A state can require a criminal defendant to bear the burden of proof in a competence hearing.
In Cooper v. Oklahoma (1996), the Supreme Court ruled which of the following?
A clear and convincing evidence of incompetence was too high a standard of proof.
