Forensic Psych - Ch. 4 Competency to Stand Trial, Criminal Responsibility and Risk Assessments

Dusky Standard (Dusky v. U.S. 1960)

present ability to consult with attorney as well as understanding the proceedings against them

McNaughten Rule

did not know what they were doing OR did not know it was wrong (rule for defining insanity in 1/3 of states)

Durham Rule/Product Rule

accused is not criminally responsible if his unlawful act was product of mental disease/defect

Assessing Competency

assess knowledge-based competence & decisional capacity (relationship between psychopathology and psycholegal impairment)

Kansas v. Hendricks (1997)

civil commitment for ppl deemed dangerous based on mental illness

Brawner Rule

person is not responsible for crime if at time of it is a result of mental disease/didn’t understand wrongfulness/can’t conform to law (mental disease does not include abnormality of repeated anti-social conduct)

Insanity Defense Reform Act

law that made it harder to get insanity plea

Competency to Stand Trial

most common mental health inquiry, typically raised by defense, sometimes raised to buy time, judge gets final say