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A legal concept, to be decided by the triers of fact, and not a medical or psychological one. Refers to a criminals state of mind at the time the crime was commited.
mens rea "a guilty mind"
A type of mind presence that must accompany wrong doing in order for an act to be classified as illegal.
Purpose of punishment
Retribution and deterenceare the purposes of these societal actions to maintain order.
In the criminal sense, this requirese not only the commission of an illegal act but a concurrently existing state of mind reflecting awareness of the act's implications.
not guilty bye reason of insanity (NGRI)
A type of sentence in which tehe person is commited to a psychiatric hospital and remain there as long as they (in the judgement of the psychiatric staff) fit the criteria for posession of serious pschiatric disorders.
- A type of rule developed as a result of a trian in England more than 100 years ago. The rule contains three elements:
- 1) The defendant was suffering from "a defect of reason, from a disease the mind."
- 2) As a result, the defendant did not "know" the nature and quality of the act he was doing."
- 3) As a result, the defendant did not know that "what he was doing was wrong".
cognitive test of insanity
The M'Naghten test is this type of test that emphasizes the quality of the person's thought processes and perceptions of reality at the time of the crime.
irresistible impulse exemption
Supplements the M'Naugthen rule. Even if a defendant demonstrated cognitive knowledge of right or wrong, he could still be found not guilty by reason of insanity if his or her free will was so destroyed or overruled that the person had lost the power to choose between right and wrong.
volitional aspect of insanity
Refers to a loss of ability to control one's behavior.
A rule in response to the M'Nagthen rule that the accused was not criminally responsible if his or her ulawful act was a product of mental disease or defect(Only used in New Hampshire).
ALI (American Law Institute) Standard
A product of United States v. Brawner in 1972, in which " a person is not responsible for criminal conduct if at the time of the action, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality (wrongfullness) of his conduct or to conform his conduct to the requirements of the law."
Guilty but Mentally Ill Verdict (GBMI)
Used by thirteen states, it is when the defendant is provided treatment at a state mental hospital until he is declared sane, then he is sent to prison.
A type of defense in which the defendant has argued that he or she meets the insanity defense standard in the eyes of the law and is then subjected to civil proceedings for their confinement, but NOT to criminal incarceration or punishment.
Man that shot Ronald Reagon in 1984 because he was obsessed with Jodie Foster. Public outraged forced the ALI standard to be abandoned.
Compentency to Stand on Trial (CST)
In criminal cases, it is a preliminary judgement that never goes on trial until you are judged competent. Refers to a person's a bility to understand the nature and purpose of court proceedings and its applicable at every stage of the criminal justice process.
When a mental health professional usually couses on several issues to judge whether a defendent is competent. The psychologist determines whether the defendant understands the criminal process and is able to function in that process through consulting with his or her counsel.
Competency Screening Test
A 22-item sentence-completion task used as a screening test of incompetency.
Dusky Standard (standard for comptency)
Defendent must have sufficient present ability to consult with his attorney with a reasonable degree of rationa understanding and he has a rational as well as factual understanding of the proceedings againts him (minimum req).
When a person is feigning or faking illness with specific intent of avoiding a negative consequence or gain a positive consequence.
Refers to the process of conceptualizing various hazards in order to make judgments about their likelihood and the need for various preventative measures.
A model or way to make predictions about future behavior based on some set of factors that are combined in some fashion.
A type of predictive scheme in which the prediction is based on clinical experience and judgment.
A type of prediction scheme in which the prediction is based on a statistical scheme or formula.
A type of prediction scheme in which the prediction is based on a specific analysis of how a particular person has acted in the past in similar situations.
Barefoot v. Estelle (1983)
A case in which courts accept expertise of psychologists in offering opinions regarding future dangerousness of a person. US supreme court ruling: banning expert testimony about future dangerousness is ilke disinventing th wheel.
Continuum of violence
A continuum from non-violent to violent and a person can fall anywhere within spectrum.
Criteria for Risk Assessment
- 1) History of previous violence
- 2) psychopathy
- 3) Clinical symptoms
- 4) Contextual factors (social relationships)
Predicting Domestic Violence in Men
- 1) Experienced family violence in own childhood.
- 2) Less education, lower income.
- 3) Alcohol, drug abuse.
- 4) Demographic differences between partners.
- 5) Half of men engaged in domestic violence will also engage in child abuse.
Types of predictos that are features of an individual or historical events that are unchangeable.
types of predictors that change over time and situation.
risk management predictors
Types of predictors that focus on the nature of the situation or environment in which the person lives or will live in the future.
A type of person that repatedly commit criminal acts for which they feel little or no remorse.
Type of violence that is committed againts a spouse, former spouse, cohabitant, or any person with whom the victim had a dating relationship or has a child from that individual.
A set of psychological and emotional reactions to a specific event. a set of symptoms that may exist together, such that they may be considered to imply a disorder or disease.
battered woman syndrome (BWS)
Defined as a woma's presumed reactions to a pattern of continual physical and psychological abuse inflicted on her by her mate (developed by Lenore Walker).
Components of BWS
- 1) Learned helplessness.
- 2) Lowered self-esteem.
- 3) Impaired functioning including an inbility to engage in planful behavior.
- 4) Lost of the assumption of invulnerability and safety.
- 5) Fear and terror as reactions to the batterer based on past experiences.
- 6) Anger and Rage.
- 7) Diminished alternatives: beliefe that they would be killed at some point.
- 8) Cycle of abuse or cycle of violence.
- 9) Hypervigilance
- 10) High tolerance for Cognitive Inconsistency.
Cycles of abuse (BWS)
- 1) Tention building phase.
- 2) Acute battering incidient.
- 3) Contrite Phase
Tention building phase
First phase of the cycles of abuse in which the abuser engages in criticism, verbal bickering, and minor physical abuse.
acute battering incident
Second phase of the cycles of abuse in which the batterer explodes into an uncontrollable rage, leading to injuries to the woman.
Third phase of the cycles of abuse in which the batterer's use of promises and gifts increases the battere'd woman's hope that violence occured for the last time.
post-traumatic stress disorder (PTSD)
Battered woman syndrope is a subset of this disorder in which victims summer emotional collapses and has symptoms that include depression and feelings of helplessness.
superficially normal batterer
A type of batterer that shows violence in most intimate relationships and are likely to be very controlling, jealous, fear of abandonement, manipulative, and likely to have violent outbursts.
anti-social, impulsive batterer
A type of batterer that is often dependent on alcohol and drugs and are likely to be controlling, jealous, manipulative, and likelty to have violent outbursts.
BSW self defense
A type of defense for those abused which rests on the justification of the act as a necessary one in order to protect the women or children from further harm or death. For this type of defense, it is the use of equal force or the least amount of force necessary to repel danger when the person reasonably perceives that she is imminent danger of bodily damage or death.
insanity defense (BSW)
A type of BSW defense in which the woman argues that she was unable to tell the difference between right and wrong because she was mentally incompetent and therefore should be exused from any culpability.
Sexually violent predator law (SVP)
Allows indefinite civil commitment of SVP's who are about to be released from prison but are likely to commit future sexually violent acts (passed in 20 states including CA).