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10 Cards in this Set

  • Front
  • Back
Daubert Test
Error Rate
General Acceptance
Frye Test
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
Tempest Case
Drowned her son in bathtub
Knew what she was doing was wrong
M'Naughten - cognitive so not insane
Stabbed wife and tried to cover it up - moral or legal def. of right and wrong - court went with legal def.
impulse to commit these to get punished - 6th circ. later reversed
Egelhoff Case
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
Ake v. OK
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
Pratt v. State
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
Standard of Proof for incompetency
Preponderance of the Evidence - Cooper v. OK
Basic test for competency
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