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107 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Define Violence |
Actual, attempted or threatened physical arm that is deliberate and non-consenting |
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What is the proximate cause of of violence |
decision to act |
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Mens rea |
"guilty mind"- responsible for own behaviors |
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OÇonnor v. Donaldson (1975) |
Mental illness is not enough to civilly commit someone. They also have to exhibit imminent dangerousness. |
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Barefoot v. Estelle (1983) |
Experts argued for the death penalty because of his ongoing risk to be violent. Sentence= death penalty despite the inaccuracies of the risk assessments at that time. |
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Schall v. Martin (1984) |
The court detained juveniles pre-adjudication based on the risk assessment which indicated "severe risk"to commit another crime if released. Due process issues. |
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Tarasoff v. Regents of the University of California (1976) |
Mental health professionals have the duty to warn future victims of future violence. |
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What are the three approaches to risk assessment? |
Clinical, Actuarial, Structured |
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What is a clinical assessment? |
Based on human judgment shaped by education and professional experience |
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What is an Actuarial Assessment? |
Previously demonstrated associations between measurable and specified predictors. Nomothetic- study of cohorts or groups of people, data driven'; Idiographic-study of individuals. |
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What is a Structured Assessment? |
Middle ground between clinical and actuarial approaches; a tool that identifies a list of relevant factors followed by clinical judgment. |
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Types of assessment variables: |
Dynamic and Static |
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What is a dynamic variable? |
Subject to change over time
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Advantages and disadvantages of Dynamic Variables |
-Advantages- allows for targeted interventions to manage and reduce violence -Disadvantages- difficult to identify and study; not much research assessing the ability to measure the variables. |
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Static Variables are... |
Normally fixed and unchanged over time (gender, ethnicty) |
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Advantages and disadvantages of Static Variables... |
Advantages- more easily identified and objectively defined Disadvantages- treats risk as a fixed entity that does not change over time |
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Components to considered when predicting future violence through risk assessment: |
Nature, Severity, Frequency, Imminence, Likelihood (most only take likelihood into account) |
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Forensic psychologists should focus on different variables depending on which type of violence |
Sexual Violence Domestic Violence General Violence |
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Which questions are asked when someone is assessed? |
age of first arrest # of priors current age |
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Which variables are relied on most? |
Static |
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What's the best predictor of future violence? |
Past behavior |
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Which population is hard to predict future behavior? |
Domestic violence |
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What is the recidivism of sex offenders? |
13%, 4-5 years after release |
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How are sex offenders treated? |
Relapse preventions, SSRIs, risk-need assessments, individually tailor programs |
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Are sex offenders treatable? |
No consensus on the effectiveness of treatment; research leans toward being effective |
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What % of sexual offenses against children are by juveniles? |
36% |
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Define child molester |
a label for anyone who has perpetrated a sexual crime against a child |
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Define pedophile |
Someone involved in sexual activity or experience significant distress over sexual urges or fantasies involving a prepubescent individual (usually under 13) |
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hebephile |
an adult has a sexual preference or exclusive sexual attraction to individuals who are of the early to mid stages of puberty (11-14) |
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Define sexually violent predator |
Used in courts to determine if someone should be institutionalized after serving a sentence; purpose is to receive further treatment until no longer deemed a predator |
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Define paraphilia |
Defined by DSM- Recurrent, intense sexually arousing fantasies, sexual urges or behaviors that involve: non human objects, suffering or humiliation of oneself or partner, children or non consenting persons. |
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three psychological assessments to differentiate sex offenders from non sexual offenders |
Cognitive distortions, empathy, sexual fantasies |
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What are FPs looking for in a cognitive distortion assessment? |
Thinking errors, self serving thought patterns, distorted reality, lack of responsibility for their crimes |
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What is being looked for in an assessment of empathy? |
Feels empathy for others, just not the victim; assess the degree of empathy for victim |
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What is being observed in a psychological assessment of sexual fantasies? |
Crude measures to assess deviant sexual interest; research is lacking for assessments of fantasies. |
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What is the recidivism of sex offenders? |
13%, 4-5 years after release |
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How are sex offenders treated? |
Relapse preventions, SSRIs, risk-need assessments, individually tailor programs |
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Are sex offenders treatable? |
No consensus on the effectiveness of treatment; research leans toward being effective |
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What % of sexual offenses against children are by juveniles? |
36% |
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Define child molester |
a label for anyone who has perpetrated a sexual crime against a child |
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Define pedophile |
Someone involved in sexual activity or experience significant distress over sexual urges or fantasies involving a prepubescent individual (usually under 13) |
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hebephile |
an adult has a sexual preference or exclusive sexual attraction to individuals who are of the early to mid stages of puberty (11-14) |
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Define sexually violent predator |
Used in courts to determine if someone should be institutionalized after serving a sentence; purpose is to receive further treatment until no longer deemed a predator |
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Define paraphilia |
Defined by DSM- Recurrent, intense sexually arousing fantasies, sexual urges or behaviors that involve: non human objects, suffering or humiliation of oneself or partner, children or non consenting persons. |
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three psychological assessments to differentiate sex offenders from non sexual offenders |
Cognitive distortions, empathy, sexual fantasies |
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What are FPs looking for in a cognitive distortion assessment? |
Thinking errors, self serving thought patterns, distorted reality, lack of responsibility for their crimes |
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What is being looked for in an assessment of empathy? |
Feels empathy for others, just not the victim; assess the degree of empathy for victim |
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What is being observed in a psychological assessment of sexual fantasies? |
Crude measures to assess deviant sexual interest; research is lacking for assessments of fantasies. |
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Sex offenders have... |
empathy, "deviant"sexual fantasies, |
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Registration and notification laws |
jacob law and megan law (website) |
Look up |
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Is treatment helpful for sex offenders? |
No research supports or doesn't support. It doesn't hurt, like it does |
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Treating sex addiction |
CBT, relapse prevention (stay out of triggering situations or not get triggered) |
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What % of juveniles commit sex offenses? |
36% of all cases are committed by juveniles and 25% of all offender are juveniles. |
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Risk factors for juvenile sex offenders% |
Neglected, molested, exposure to sexually violent media |
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% of female sex offenders |
2-5 % |
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Women commit sex offenses are |
Angry |
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Priests/ Clergy |
2% are sex offenders |
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Sex offenders laws |
CAn't live 500 ft from schools, daycares |
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Sex predators laws |
Hold and treat longer in the system. |
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Civil commitment |
Involuntary hospitalization or mandated treatment of mentally ill individuals who need care and incapacitation because they exhibit dangerous tendencies toward themselves or others |
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Parens Patriae |
Legal basis for civil commitment is usually described as originating out of the legal doctrine "parent of the Nation" State obligated to act in parenting capacity: minors, mentally ill, elderly |
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6th Amendment |
Right to a fair and speedy trial |
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Police Power |
State's obligation is not to protect the individual from himself but to protect society from that individual. Relies on prediction of dangerousness to others. |
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What is more restrictive: Parens patriae or Police Power? |
Police power |
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Criminalization |
Arresting mentally ill for minor crimes and recommending competency evaluations |
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Lake v. Cameron (1966) |
Treatment should be least restrictive |
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OÇonnor v. Donaldson (1975) |
A person must exhibit dangerousness in order to be civilly committed |
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Zinermon v. Burch |
MI cannot consent to voluntary treatment |
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Psychiatrist vs. Psychologist opinions |
Psychiatrist: more likely to NOT commit someone (just give them meds) Psychologist: more likely to commit |
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What diagnoses are excluded from legal consideration? |
Mental retardation, substance abuse, all personality disorders |
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Rosenhan's study |
People labeled as "crazy"took a month to get out after acting normal other than saying they heard the word "thud" |
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"Why is retardation, substance abuse, and personalities disorders not eligible for civil commitments? |
Less treatable, less severe |
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Problems with relying on dangerousness |
What kind of harm should we be protected from?(bodily, property, emotional) Difficulty predicting future violence Grave disability (unable to care for self) |
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Addington v Texas (1979) |
Standard of proof is clear and convincing evidence- burden on defense (not in Colorado)
Addington v. Texas, 441 U.S. 418 (1979), was a landmark United States Supreme Court case that set the standard for involuntary commitment for treatment by raising the burden of proof required to commit persons for psychiatric treatment from the usual civil burden of proof of "preponderance of the evidence" to "clear and convincing evidence".[1] |
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Issues for civil commitment |
What is a reasonable period of time? Burden of proof on defense |
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Components for predicting future violence |
Nature Severity Frequency Imminence Likelihood (most only consider this) |
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Define incompetent |
Lacking the current mental state, mens rea, sufficient to participate and understand the issues. |
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Do judges like a psychologist or psychiatrist more? |
Psychiatrist |
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WhAt is 6th amendment right |
Fair trial: informed of the accusation, right to confront witnesses, and right to counsel |
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What does a forensic psychologist do in a competency evaluation? |
Text collateral information, create clinical notes, complete reports for lawyers. Conduct long interviews with defendants, and you psychological neuropsychological testing. All of this is more than psychiatrist do. |
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Dusky versus United States |
The dominant standard in the United States for competency
The defendant must exhibit "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him" |
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Jackson versus Indiana 1972 |
A person can only be held for a reasonable period of time to render competency
Defendant has to be released or civilly committed after that. Of time |
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Sell versus United States 2003 |
Medications could be forcibly administered for the restoration of competency in cases where the medication is substantially likely to render the defendant competent and substantially unlikely to interfere with the ability to assist counsel |
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Insanity is a _______definition to a criminal charge |
Legal |
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Insanity focuses on |
The individuals mental state/mens rea at the time of the crime |
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Where can competency be raised? |
Civil and criminal trials |
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Decision points which raise competency |
Ability to confess, ability to stand trial, ability to be executed, ability to serve as a witness, ability to make a medical decision. |
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Fundamental components of competency |
The right to make decisions that can impact their own life Capacity to make life decisions
The legal procedure for determining these abilities allows the state to intrude on some of the individual rights to ensure a fair trial |
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When can competency be raised? |
At any time in the trial |
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How many confidence evaluations take place each year? |
60,000 |
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How many Competency evaluations occur in felony cases? |
2 to 8% |
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How many of the competency of valuations and felony cases are found incompetent? |
20% |
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What's the standard practice for conducting a competency evaluation? |
There is none |
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what's the breakdown of people found incompetent? |
43% had a psychotic diagnosis,38% have an organic diagnosis, and 30% mental retardation diagnosis |
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What is the most common disorder associated with incompetency and insanity |
Schizophrenia |
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How was guilty but mentally ill sentenced |
It's the same as guilty plea so sentencing is similar to normal cases except that someone found to be guilty but mentally ill begins their sentence in the hospital. Once treatment is complete they are transferred to a present for the remainder of their sentence |
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Diminished capacity |
Allows the defendant to introduce testimony regarding his mental status without claiming insanity the focus is directly on his mens rea. May change intent so that I charge a first-degree murder, willingly and purposely committed, gets less and under diminished capacity to something like manslaughter or negligence which is a less of your crime – unknowing intoxication would be an example |
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What is diminished capacity also known as |
The Twinkie defense |
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Who's more likely to judge a defendant as incompetent |
Psychologist |
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What does insanity focus on? |
The mens rea at the time of the crime |
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Compare and contrast insanity, and competency, and civil commitment. |
Insanity focuses on individuals mental state at the time of the crime. Insanity eval's are retrospective. Competency and commitment eval's focus on individuals current mental state.
Competency just leads to a postponement of legal proceedings. Insanity is a legal defense to a criminal charge that results in a not guilty charge.
Insanity requires the presence of a mental illness, competency does not.
Civil commitment is given to those who are deemed competent, and those who are in GR I. Civil commitment requires presence of a mental illness. Focuses on both past and present mental states, and is raised in civil cases only.
Insanity is raised in criminal cases, compentcy is raised in both criminal and civil.
All three focus on mental state. |
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What is the wild beast standard |
Insanity is indicated by total brat deprivation of understanding and memory and lack of knowledge of what he is doing any more than an infant, a bruted, or a wild beast. They can't control their behavior! |
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Mnaghtn |
Insanity applies if the defendant suffers from a defective reason, from disease of the mind, and not to know the nature and quality of the act, or did not know he was doing wrong – knowing right from wrong. Must be clearly proven at the time the act was committed the person didn't know the nature and quality of the act he was doing or didn't know it was wrong – cognitive impairment |
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Durham or product rule |
Insanity applies at the crime is a product of mental disease in the defendant – considered the most liberal of standards and requires ultimate expert testimony. Uses DSM. |
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Ali or brawner rule |
Person is insane if he lacked substantial capacity either to appreciate the criminality – wrongfulness – Of his conduct or to conform his conduct to the requirements of the law because of mental disease |
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Insanity defense reform act |
Made for changes to insanity law: number one removed volitional prong, number two barred ultimate issue testimony, number three switch burden of proof to the defense, number four change standard of proof to clear and convincing evidence |
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Guilty but mentally ill |
may be found guilty but mentally ill if he is guilty of the crime, he was mentally ill at the time it occurred, but was not legally insane at the time it occurred |
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