sneaky petes of forensic

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  1. M’Naghten rule “excuses” criminal conduct if the defendant, as a result of a “disease of mind” and either
    • 1) did not know what he was doing ( eg believed he was shooting and animal or human) OR
    • 2) did not know that what he was doing was wrong (eg believed killing unarmed strangers was “right”)
  2. Brawner Rule
    This 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 defect, [lacks] substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law.”
  3. Insanity Defense Reform Act (IDRA)
    • -Forensic psych can testify to disease of the mind, but can use the word insane because that is a court thing, not a psych thing
    • 1)prohibited experts from giving ultimate opinions about insanity
    • 2) It placed on the defendant the burden to prove insanity by clear and convincing evidence, instead on the prosecution proving a defendant's sanity is beyond a reasonable doubt.
  4. three images of the trial
    • 1) The trial as a search for the Truth - assumes the truth can be ascertained and that it will emerge
    • 2)Trial as a test of credibility - acknowledges that facts and evidence are incomplete and biased. Judge or jury must weigh and evaluate the credibility of the witness
    • 3) The trial as a conflict-resolving ritual - creates the sense that justice is being done
  5. steps in trial
    prelim actions (jury selection) > opening statements > witnesses > rebutts > closing statement > The final step in the jury trial is for the judge to give instructions to the jury
  6. Advantages to the Prosecution
    • -The prosecution is first to address the judge or jury
    • -It has the full resources of the government at its disposal to carry out a prosecution
    • -The prosecution presents its evidence before the defense
    • -At the end of the trial, the prosecution gets to go first and also gets the chance to offer a final rebuttal to the defense's closing argument.
  7. Advantages to the Defense
    • -Does not bear the burden of proof
    • -The prosecution must turn over exculpatory evidence (ie discovery)
    • -The defense may have more peremptory challenges
    • -Defendants do not have to take the stand as witnesses on their own behalf
    • -Defendants who are found not guilty can never be tried again for that specific crime
  8. Four elements are involved in proving a tort in a court of law
    • 1. There was a duty that
    • 2. Was breached, which
    • 3. Proximally caused the
    • 4. Harm resulting, the a tort can be resolved in a civil lawsuit
    • (if she can prove all 4 elements then she will win)
  9. Now two types of psychological injuries are claimed in civil lawsuits:
    • 1. From “negligent” behavior (someone who made a mistake)
    • 2. Those arising from “extreme and outrageous” conduct that is intended to cause distress- (intentional)
  10. Workers can see compensation for
    • Physical and psychological injuries suffered at work
    • The cost of whatever treatment is given
    • Lost wages
    • The loss of future earning capacity
  11. Claims for mental disability usually arise in one of two ways
    • -Physical-mental cases
    • -Mental-mental cases
  12. The uniform marriage and divorce act said courts should consider the following
    • 1. The wishes of the child
    • 2. The wishes of the child’s parents
    • 3. Is the relationships between the child and the parents, siblings, and sig others who interact with the child
    • 4. The child’s adjustment at home, school, and in the community
    • 5. the physical and mental health of the parties involved
  13. There are 3 models under which evaluation for custody
    • a judge can appoint 1 clinician to conduct a custody evaluation that is available to all parties
    • Each side can have their own  expert to conduct….the sides can agree to share the expenses of hiring and expert to conduct one evaluation
  14. Most custody evaluations include the following components: (custody)
    • -clinical history, social history, and mental status interviews of the parents and the children
    • -standardized testing of parents and children
    • -observation of interactions between each parent and children, especially minors assessments or interviews with people who have observed the family
    • -documents or records that might be relevant to the case
  15. The law permit 4 types of civil commitment:
    • 1. Emergency detention (most common way that individuals are initially admitted to hospitals)
    • 2. Voluntary inpatient commitment
    • 3. Involuntary inpatient commitment (requires a court order)
    • 4. Outpatient commitment
  16. in a criminal trial the jurors must be convinced beyond a reasonable doubt that the defendant is _____
    guilty; in a civil trial however, preponderance of evidence is all that is needed, or in other words 51% of the evidence
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sneaky petes of forensic
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