Competency to Stand Trial and Insanity Defense Overview

These flashcards cover key concepts related to Competency to Stand Trial and the Insanity Defense, as outlined in the lecture notes.

Why perform Competency to Stand Trial (CST) exams?

1. To create fairness for a defendant in the criminal trial process, ensuring the accused is . 2. To maintain the of the justice system. 3. To maximize the likelihood of information in a trial.

What does the Dusky Standard assess in competency to stand trial?

It assesses whether the defendant has sufficient present ability to consult with their attorney with a reasonable degree of rational understanding.

What must a defendant demonstrate to be considered competent during the CST exam?

The defendant must show the capacity to understand court procedures and participate effectively in their defense.

What are the two prongs of the competency test for standing trial?

1. Understanding of the criminal process related to themselves and others. 2. Capacity to participate in this process, particularly in preparing a defense.

In terms of legal terminology, what different phrases are synonymous with competency to stand trial?

Fitness to stand trial, fitness to proceed, competence to proceed, adjudicative competence.

What is the relationship between mental illness and competency to stand trial?

Presence of mental illness does not automatically render a defendant incompetent; it must impair their factual and rational understanding.

What is the primary focus of the competency assessment tools mentioned in the notes?

To assess factual understanding of charges, courtroom roles, procedures, and plea agreements.

What is the significance of Jackson v. Indiana (1972) in terms of competency restoration?

A defendant cannot be committed for restoration unless there is a substantial probability of competency being restored within a reasonable time frame.

What factors can increase the likelihood of a defendant's restorability?

Being female, younger than 60, diagnosis of affective disorders, and understanding of the legal process.

What defines an insanity defense?

A legal defense based on the claim that the defendant was unable to understand the nature of their act or distinguish right from wrong due to a mental disorder.

How does the M'Naghten standard relate to the insanity defense?

It states that a person must establish that, due to a mental illness, they did not understand the nature of their act or recognize it as wrong.

What distinctions are important in understanding the insanity defense and mental health issues?

Insanity refers to legal standards and not all mentally ill individuals meet the criteria for insanity defenses.

What is the purpose of the Insanity Defense Reform Act (1984)?

To make the insanity defense harder to use in federal cases, placing the burden of proof on the defendant.

What is the definition of 'Guilty But Mentally Ill' (GBMI)?

A verdict where the defendant is found guilty but was mentally ill at the time of the offense, leading to treatment before serving prison time.

What legal consequences might occur if a defendant is found not guilty by reason of insanity (NGRI)?

They may be committed to a mental institution and required to undergo treatment instead of serving a prison sentence.

What does psychological testing aim to evaluate during competency assessments?

To assess the defendant’s current mental functioning and understanding of the legal process.

What critical considerations influence the decision of custody in child custody evaluations?

The child's emotional connections with parents, willingness of parents to foster relationships, and presence of domestic violence.

What are the primary goals of risk assessment in stalking situations?

To get the stalker to stop their behaviors and reduce the chance of violence against the victim.