Chapter 8 Forensic assessment Flashcards Preview

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Flashcards in Chapter 8 Forensic assessment Deck (18)
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1
Q

Competence to Stand Trial

A

A defendant’s capacity to function meaningfully and knowingly in a legal proceeding; may be adjudicated (determined by a judge) to be incompetent if they are seriously deficient in one or more abilities, such as understanding the legal proceedings, communicating with their attorneys, appreciating their role in the proceedings, and making legally relevant decisions.

2
Q

Stipulate

A

Agree with further examination

3
Q

Insanity

A

The defendant’s mental state at the time the offense was committed

4
Q

Affirmative Defense

A

The duty to present evidence that would disprove the presumption of criminal responsibility in their case

5
Q

Mens Rea

A

The mental state of knowing the nature and quality of a forbidden act or guilty mind

6
Q

M’Naghten Rule

A

1843 - “excuses” criminal conduct if the defendant as a result from “ a disease of the mind” 1.) did not know what he was doing or 2.) did not know what he was doing was wrong.

7
Q

Brawner Rule

A

States that a defendant is not responsible for criminal conduct if he, “at the time of such conduct as a result of mental disease or defects [lacks] substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.”

8
Q

Diminished Capacity

A

Legal doctrine that applies to defendants who lack the ability to commit a crime purposefully and knowingly

9
Q

Transferred

A

Juvenile defendants could be tried in adult criminal court

10
Q

Statutory Exclusion

A

One way juveniles can be transferred:
The state legislature in a given jurisdiction can determine that certain offenses allegedly committed by an adolescent must be files directly in adult court.

11
Q

Judicial Discretion

A

Juvenile transfer method 2:

The juvenile court decides whether the youth should be transferred to criminal court

12
Q

Prosecutorial Discretion

A

Juvenile transfer method 3:

Requires prosecutor to decide whether cases are filed initially in juvenile or adult court.

13
Q

Reverse Transfer

A

Last method:

When juveniles placed in adult court are returned to juvenile court.

14
Q

Competence

A

To be able to understand the nature of the charges and possible consequences of them

15
Q

Competency Screening Test

A

A quick assessment of the defendant who appears to be competent but has issues with false positives and questions have a naive positive view of legal system

16
Q

Competency Assessment Instrument

A

In depth structured interview to assess competency

17
Q

Interdisciplinary Fitness Interview

A

Semistructured interview that evaluates a defendant’s abilities in 5 specific legal areas. Very effective

18
Q

Georgia Court Competency Test

A

Highly reliable instrument tapping 3 dimensions: general legal knowledge, courtroom layout, and specific legal knowledge ( how to interact with defense counsel)