Exam 2 - Lecture's 13

Question 1

Insanity -

Refers to state of mind at _________

Answer 1

time of crime

Question 2

_________ -

Refers to state of mind at time of crime

Answer 2

Insanity

Question 3

Insanity defense-
Built on principle that people who commit crimes without full _________ should not be held fully awareness for their actions

Answer 3

-awareness

Question 4

Retribution or just deserts perspective

-Suggests punishment should be _________ to harm committed

Answer 4

proportionate

Question 5

_________ -

-Built on principle that punishment should be used to learn consequences of crimes

Answer 5

Deterrence perspective

Question 6

Deterrence perspective

-Built on principle that punishment should be used to learn _________ of crimes

Answer 6

consequences

Question 7

Insanity defense -

• Used in less than ___% of all felony cases
• Less than one-third involves victim death
• Fails in ___% cases

Answer 7

• 1

- 70

Question 8

Insanity defense -

• Used in less than 1% of all felony cases
• Less than one-third involves _________
• Fails in 70% cases

Answer 8

victim death

Question 9

NGRI defendants spend slightly longer time in _________ than those who do not use defense.

Answer 9

custody

Question 10

_________ -

Pleading diminished capacity if capacity or the mens rea for certain crimes is lacking

Answer 10

Mens rea defenses

Question 11

_________ : defendant’s capacity to function meaningfully and knowingly in a legal proceeding.

Answer 11

Competence

Question 12

Competence: defendant’s capacity to function meaningfully and knowingly in a _________ proceeding.

Answer 12

legal

Question 13

Competence is tied to legal principle:

Criminal proceedings should NOT be forced upon someone who cannot understand their _________ and purpose

Answer 13

-nature

Question 14

Law requires competent defendants for other reasons:

• Need to understand _________ to participate in defense
• Punishment serves no purpose if those convicted do not understand reasons for _________

Answer 14

• charges

- punishment

Question 15

Competence is a “_________”, not a “_________”, concept

Answer 15

• legal

- psychological

Question 16

Adjudicative Competence

Encapsulates “competence” in the criminal justice system. Includes:

• Competence to _________
• Competence to _________

Answer 16

• Plead Guilty

- Stand trial

Question 17

-Evaluating Competence-

Mental health professional takes two things into consideration

• _________ Competence: Does defendant have capacity to assist counsel?
• _________ Competence: Does defendant have capacity to make decisions?

Answer 17

• Foundational

- Decisional

Question 18

Foundational Competence
Three Requirements:

• The ability to understand the basic elements of the _________ system (prosecutor, judge, jury)
• The ability to inform their attorney of _________ relevant to the case
• The ability to understand their situation as a _________ defendant

Answer 18

• adversary
• information
• criminal

Question 19

Decisional Competence 
Four Requirements:

• The ability to _________ information relevant to the decisions they must make (pleading guilty, waiving a jury trial)
• The ability to think rationally about alternatives involved in the decisions
• The ability to appreciate decisions that need to be made in their best _________
• The ability to make a choice among the available defense strategies

Answer 19

• understand

- interest

Question 20

Decisional Competence 
Four Requirements:

• The ability to understand information relevant to the decisions they must make (pleading guilty, waiving a jury trial)
• The ability to think _________ about alternatives involved in the decisions
• The ability to appreciate decisions that need to be made in their best interest
• The ability to make a choice among the available defense _________

Answer 20

• rationally

- strategies

Question 21

Evaluating Competence:

Crucial question:
Does the disorder impair defendant’s ability to participate knowingly and _________ in proceedings and to _________ with attorney?

Answer 21

• meaningfully

- cooperate

Question 22

Psychosis or mental retardation do NOT automatically render defendant _________

Answer 22

incompetent

Question 23

Competency Screening Test (1971)

Defendant completes ___ sentence fragments

Answer 23

22

Question 24

MacArthur Structured Assessment of the Competence of Criminal Defendants (MacSAC-CD):

Widely used
___ items related to hypothetical vignette (bar fight)
-Defendant answers questions about ________ case
-Three abilities are assessed:
–Understanding of the legal system
–Reasoning skills
–Defendant’s appreciation for his/her own circumstances

Answer 24

• 82

- hypothetical

Question 25

MacArthur Structured Assessment of the Competence of Criminal Defendants (MacSAC-CD):

Widely used
82 items related to hypothetical vignette (bar fight)
-Defendant answers questions about hypothetical case
-Three abilities are assessed:
–Understanding of the _________ system
–Reasoning skills
–Defendant’s appreciation for his/her own _________

Answer 25

• legal

- circumstances

Question 26

Approx. ____% of defendants found competent

Answer 26

70

Question 27

Competence usually restored within ___ months of treatment

Answer 27

6

Question 28

Involuntary Civil Commitment:

procedure used to hospitalize mentally ill individuals who are

• A threat to _________
• A threat to others
• Unable to care for themselves due to extreme _________

Answer 28

• themselves

- disability

Question 29

Involuntary Civil Commitment:

procedure used to hospitalize mentally ill individuals who are

• A threat to themselves
• A threat to _________
• Unable to care for themselves due to extreme disability

Answer 29

others