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10 Cards in this Set
- Front
- Back
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Daubert Test
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Testability
Peer-reviewed Error Rate General Acceptance |
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Frye Test
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General Acceptance
Causal link between disorder and crime Facts exist to create a question for the jury if the defendant sufferes from the disorder/disease |
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Tempest Case
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Drowned her son in bathtub
Knew what she was doing was wrong M'Naughten - cognitive so not insane |
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Crenshaw
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Stabbed wife and tried to cover it up - moral or legal def. of right and wrong - court went with legal def.
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Pollard
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Bankrobber/Cop
impulse to commit these to get punished - 6th circ. later reversed |
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Egelhoff Case
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Intoxicated - shot both friends in the head - Drunkeness isn't fundamental principle of law - no due process violation
S.C. defers to Montana's legislation on the matter - they don't want juries to consider intoxication to determine mental state - could be used to negate specific intent but not general |
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Ake v. OK
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Defendant's right to psych. exam. When indigent, if sanity is a factor - get competent psych. who will conduct exam and assist in the presentation of defense
- 14th Amendment Due Process |
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Pratt v. State
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Psych. was originally hired by Def. and then went to pros. Ct. said this violates Atty-Client Privilege - Psych. needed to help prepare a defense - in scope of atty/client. Court proposed dealing w/ this is to refuse to allow jury to hear that doctor did work for other side - takes away undue weight. Still 90% of jurisdictions don't allow switching sides
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Standard of Proof for incompetency
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Preponderance of the Evidence - Cooper v. OK
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Basic test for competency
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Understand the nature and consequences, and Assist Attorney in his defense:
Appreciate his presence in time, place, and things; Grasps he's in Court, charged with an offense; Judge on the bench; Prosecutor who will try to convict; Lawyer who'll defend him; He needs to help his attorney; Jury determines guilty/innocence; Memory can relate things in his own personal manner |
