Chapter 8 Forensic assessment Flashcards
(18 cards)
Competence to Stand Trial
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.
Stipulate
Agree with further examination
Insanity
The defendant’s mental state at the time the offense was committed
Affirmative Defense
The duty to present evidence that would disprove the presumption of criminal responsibility in their case
Mens Rea
The mental state of knowing the nature and quality of a forbidden act or guilty mind
M’Naghten Rule
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.
Brawner Rule
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.”
Diminished Capacity
Legal doctrine that applies to defendants who lack the ability to commit a crime purposefully and knowingly
Transferred
Juvenile defendants could be tried in adult criminal court
Statutory Exclusion
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.
Judicial Discretion
Juvenile transfer method 2:
The juvenile court decides whether the youth should be transferred to criminal court
Prosecutorial Discretion
Juvenile transfer method 3:
Requires prosecutor to decide whether cases are filed initially in juvenile or adult court.
Reverse Transfer
Last method:
When juveniles placed in adult court are returned to juvenile court.
Competence
To be able to understand the nature of the charges and possible consequences of them
Competency Screening Test
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
Competency Assessment Instrument
In depth structured interview to assess competency
Interdisciplinary Fitness Interview
Semistructured interview that evaluates a defendant’s abilities in 5 specific legal areas. Very effective
Georgia Court Competency Test
Highly reliable instrument tapping 3 dimensions: general legal knowledge, courtroom layout, and specific legal knowledge ( how to interact with defense counsel)
