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31 Cards in this Set
- Front
- Back
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What is an insanity defense? |
A legal argument that a defendant is not responsible for an illegal act if attributed to a cause of mental illness or intellectual disability, interfering with rational thought and/or ability of distinguishing right from wrong. |
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What criteria must be presented in order to justify an insanity defense? |
- inability of distinguishing right from wrong -servere mental illness -inability of understanding the nature of his/her crime ( M'naghten rule) - burden of proof is shifted from the prosecution to the defense. Defense must prove person is insane at the time of committed crime. |
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Insanity is deemed a [...] term [ ..] one |
legal term; not a clinical |
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Is insanity a legal as well as clinical term? |
No |
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What is an insanity plea? |
No dispute about individual being guilty with act that was committed. Yet, not deemed responsible for the act due to mental illness. Committed to a forensic hospital. known as NGRI |
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What happens after an insanity plea? |
Client is committed indefinitely to a forensic hospital |
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Competency to stand trial: |
Clients ability and aptitude to stand trial. Client must show and carry out mental coherency through actions of :1. ability to consult with lawyer 2. obtains a rational as well as functional understanding of the proceeding against themselves |
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What is a Not Guilty by reason of insanity? |
individual is guilty of committed crime, yet not held accountable due to meeting criteria for being mentally ill. Individual is placed indefinitely into a forensic treatment hospital |
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Under penal code 1376, can a mentally ill individual stand trial is they are not mentally incompetent |
No, individual can't not be tried or adjusted while that person is mentally incompetent. |
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What is incompetency? |
Client's inability to hold a sense of competency for a court setting. |
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Under what court it is unconstitutional to execute individuals who are mental ill or suffer from an intellectual disability disorder? |
Supreme court |
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Whom commits more crimes, mentally ill or substance abuse? |
substance abuse |
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List the two features that are required for a client to be mentally competent: |
1. Understanding things about - the purpose of being in court setting - why individual is being committed -roles of court positions - choices that will assist the committed 2. Be able to: - behave appropriately - understand the case - assist attorney with case |
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List the two types of civil commitments? |
1. formal commitment: court order 2. informal emergency commitment( 50-1-50): involuntary |
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Define a factious disorder? |
condition in which a person acts as if they have an illness by deliberately producing, feigning, or exaggerating symptoms. Usually through self-inflicted harm and/or purposely faking it. |
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Define the two subtypes of factious disorder? |
1. imposed onto self: fabrication of ill, impaired or injured onto themselves 2. imposed onto others: condition in which a person deliberately produces, feigns, or exaggerates the symptoms of someone in his or her care. |
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What is the incentive of having a factious disorder? |
a psychological yearning for being deemed ill |
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How is malingering understood? |
intentionally faking of a symptom with purpose of avoiding a responsibility or function - inclusive of work, military duty - in hopes of receiving external rewards |
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What is a different between factious and malingering ? |
Malingering makes claims out of motivation for personal gain. through actions of insurance fraud, manipulation of medical systems, time off work Factitious is psychological yearning to be deemed ill |
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Munchausen syndrome is most familiar to: |
Factitious disorder |
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Which disorder has a diagnosis in the DSM-5? |
Factious Disorder, Not malingering |
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What is a criminal commitment? |
procedure of confiding a legally termed mentally ill individual to a forensic setting: 1. Determination of competency 2. After acquittal by reason of insanity |
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percentage of individuals that pass and are deemed eligible for an insanity defense: |
1% |
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How is a civil commitment understood? |
the committed of individuals to a psychiatric hospital, against their will. Two kinds: 1. person is mentally ill 2. danger to self or others |
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List the significance of the legal system regarding the mentally ill? |
addresses public safety though protection of client outweighs jurisdiction of the public important to navigate the balance between public safety and client protection |
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What does the term " mens rea" imply? |
it means a guilty mind. And the belief that there is an evil intention behind the crime |
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List the difference between an insanity plea and not guilty by reason of insanity? |
insanity plea is the course of action taken, while NGRI is the sentence given. Client is guilt of committed crime. Yet not responsible for crime due to deemed mentally ill |
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How is a NGRI comprehended? |
no dispute from both sides that individual committed the crime. However due the persona's insanity at the time of the crime, defense attorney argues they should not be held responsible for the crime committed. |
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Are NGRI given a sentence? |
No, they are indefinitely transferred to a forensic hospital. |
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Are medications, legally supported, to help relieve symptoms; thus allowing individual being competent to stand trial? |
no |
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Individuals with this disorder experience may inflict harm onto their children. |
factitious disorder |
