Forensic Psych Final

What is legal competence?

Ability to perform necessary personal/legal functions now. Applies to wills, waiving counsel, treatment decisions, finances, CST.

What is the Dusky Standard?

Defendant must:
• Have sufficient ability to consult with attorney with rational understanding.
• Have rational and factual understanding of proceedings.

Why is competency a legal—not psychological—concept?

Psychological disorder alone ≠ incompetence. Focus is on functional legal abilities.

What does an expert evaluator assess in CST?

Understanding of system/charges/rights/consequences, reasoning about options, appreciation of situation, ability to assist defense. Judges agree >80%.

Characteristics of incompetent defendants?

Psychosis history, current serious mental disorder, single, unemployed, low education, poor competence test performance.

What happens in competency restoration?

Possible involuntary commitment if dangerous. Medication central; right to refuse (Riggins, Harper, Sell). If unrestorable → hospital or civil commitment.

What tests assess competency?

IFI-R, FIT-R, MacSAC-CD

What is malingering?

Intentional fabrication or exaggeration of symptoms to appear incompetant

Why are juveniles transferred to adult court?

Homicide, serious violent felonies, chronic offending. Transfer methods: statutory exclusion, judicial discretion, prosecutorial discretion.

What do studies show about juvenile competency?

Ages 11–13 show major CST deficits, accept plea deals easily. Under 15 often incompetent for adult court. Miranda issues due to vocabulary/stress; cases: Gallegos, J.D.B.

What is the insanity concept?

Mental state at time of crime. Requires lack of mens rea and inability to understand nature/wrongfulness of act.

Key Insanity Law Cases?

• M’Naghten Rule: Cognitive test—did not understand act or that it was wrong.

• Durham v. U.S. (1954): “Product test” → act must be product of mental illness.

• U.S. v. Brawner (1972): Adopted ALI/Model Penal Code standard (“lack substantial capacity”).

• U.S. v. Hinckley (1982): NGRI verdict → major reforms to insanity law.

How did IDRA change burden of proof?

Defense must prove insanity (shifted from prosecution)

NGRI vs GBMI?

NGRI → not criminally responsible; psychiatric commitment.
GBMI → guilty + mental illness; goes to prison with treatment.

What is diminished capacity?

Claim defendant lacked mental capacity for required mens rea. Reduces intent, not full responsibility

Why are public attitudes about insanity defense wrong?

Used <1%. NGRI patients stay ~3 years. Recidivism similar or lower than other felons.

Tools for Insanity assesment?

MSE, R-CRAS

What are SVP laws?

Allow civil commitment after prison for sexually violent offenders. Justified by police power + parens patriae. Upheld in Kansas v. Hendricks, clarified in Crane.

What is future dangerousness?

Assessment of continuing danger; used in death penalty. Experts allowed to predict risk (Barefoot).

Requirements for involuntary civil commitment?

Mental disorder + danger to self/others or grave disability (Foucha, O’Connor).

Methods for risk assessment?

Unstructured clinical judgement; actuarial tools; Structured Professional Judgment (SPJ)

Clinical vs actuarial prediction?

Clinical = subjective, inconsistent.
Actuarial = statistical, more reliable.

Risk factors for future violence?

Static: early issues, criminal history, young first offense.
Dynamic: attitudes, impulsivity, treatment response.
Clinical: symptoms, threat/control override.
Risk-management: supervision, support.

How do jurors view risk data?

Prefer clinical judgments despite lower accuracy.

Purposes of punishment?

Punishment, incapacitation, rehabilitation

Factors influencing sentencing guidelines?

Crime severity, history, race, gender, SES, plea vs trial, policy rules

Discretion vs fairness in sentencing?

Discretion = judge weighs individual factors.
Fairness = guidelines reduce disparity.

Special sentencing factors for juveniles?

Intervention focus, development, rehabilitation prospects, family context, risk.

Purpose of determinate sentencing?

Fixed terms; reduce discretion and disparity

Difference between jails and prison?

Jails: short-term, local, pretrial.
Prisons: long-term, post-conviction.

Goals of imprisonment?

Incapacitation, deterrence, rehabilitation, retribution, public safety.

History of U.S. prisons?

Penitentiary → rehab era → mass incarceration → reform era.

Prisoners rights?

No cruel/unusual punishment, access to courts, limited religious rights, basic medical/mental care.

Basic prison statistics?

1 in 3 Black boys expected to be incarcerated.

Violent prison culture?

Hypervigilance, dominance, gangs, survival mode.

Why prison fails to reduce recidivism?

High reoffending, minimal rehab, criminogenic environment

How to reduce recidivism?

CBT programs, job/education training, substance treatment, structured reentry.

Alternatives to prison?

Probation, diversion, community service, ankle monitoring, specialty courts.

Why was capital punishment ruled unconstitutional in 1972?

Furman: arbitrary, discriminatory, inconsistent—violated 8th Amendment.