Lecture 57: Psychiatry and the Law Flashcards
What are the two elements of a crime?
- Actus reus: “guilty act”
- objective element of a crime - Mens rea “guilty mind”
- subjective element of acrime
- needed to produce criminal liability
What is the model penal code levels of culpability?
A. 1st degree “purpose” with purpose of accomplishing particular act
B. 2nd degree “knowledge”: with knowledge that particular outcome will result
C. 3rd degree “Recklessness” with knowledge of substantial risk, but consciously disregarded
D. Negligence: reasonable person would know risk and not disregard it
What are Psychiatrists are involved in?
Negating Mens Rea
1. insanity (committed to mental institution)
2. self-defense (you go home)
Courts less likely to accept infancy, intoxication, duress, entrapment, mistake of fact, automatism or necessity
3. Didn’t commit the crime
What are the moral considerations of the insanity defense?
- punishment of people who cannot control themselves is wrong and threatens the fairness of law
- Punishment of those who could not control themselves or cannot appreciate the wrongfulness of their conduct is useless as a deterrent
- Constitution forbids cruel/unusual and it is cruel to punish someone whose crime is result of illness
What is M’Naghten Standard?
1843 Scotsman in UK who killed prime minister servent and was deemed insanity
What is the M’Naghten Test? Significance?
Every defendant is presumed to be SANE unless
-he is laboring under such a defect of reason (from disease or not to know nature/quality of act)
OR
-if he did know it, that he did not know that what he was doing was wrong
Requires defendant to show that he did not UNDERSTAND the nature, quality of act or why it was wrong
Significance: prevailing sanity test in most states
What works as insanity defense for M’Naghten test?
- Psychotic disorders
- neuropsychological deficits when they are substantial
- developmental disability
Addiction is NOT allowed
Personality disorders usually not allowed
If you have a psychiatric disorder, is that a lock for insanity defense?
No, just having psychiatric disorder alone is NOT enough
What is a mental disease or defect?
Not bound to any clinical conceptualization of mental illness
What is the irresistible Impulse Test?
Policeman at the elbow test
-would defendant have done it if policemen was right there
Problem: difficult for someone to distinguish an impulse is not resisted from one which is irresistible
What is the Durham Rule (The product test)?
Jury determined whether the defendant suffered from mental disease, and if the crime was a product of the disease, then the defendant was insane
Significance: increased the number of individuals eligible for insanity plea
What is the Washington v. US case (1967)?
Experts may NOT speak to the ultimate issue only provide the evidentiary basis
-belief that Durham allowed psychiatrists to usurp jury role
What is the Moral Penal Code of the American Law Institute (ALI)?
1968
A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, he LACKS substantial capacity either to appreciate criminality or to conform his conduct to the requirements of the law
All changed with Reagan assassination attempt
What is the Insanity Defense Reform Act of 1984?
-shifted proof of burden to defendant
Occurred because Reagen assassination attempt
-severely limited the scope of testimony of experts
What is Guilty but Mentally Ill? Significance?
12 states in aftermath of Hinckley trial established a “guilty but mentally ill” verdict
- allowed psychiatrists to evaluate patients during prison to determine psychiatric treatment
- defendant is given criminal sentence
