Forensic psych - Exam 2

Know the types of specialized criminal courts that we discussed in class.

• Drug court

• Mental health court

• Veterans court

What is the Dusky standard? How is competency generally defined?

• Must have sufficient ability to understand what is happening and to assist attorney in preparation of defense

• Refers to mental state at time of trial

What usually happens to defendants who are found incompetent to stand trial?

Defendants may be evaluated on an outpatient basis or while hospitalized in a public mental facility or a forensic mental health unit

What are the elements of a competency restoration program?

• Competency restoration can be done in the community, although it’s usually done in an institution

• May involve psychotropic medication for underlying mental disorder

• May also require education about legal system

How many of those individuals evaluated for competency are actually found incompetent to stand trial? (percentage)

20%

What are the characteristics of individuals usually referred for competency evaluation?

• Mental health issues

• Social and behavioral factors

• Criminal history

• Age and gender

Why do we have the insanity defense? How often is it actually used?

Insanity refers to mental state at time of crime

Acquittal rates range from 20-25% of those who attempt it

What is an alternative to the insanity defense used by some states?

1. Our criminal justice system assumes sanity or “mens rea”, a “guilty mind”

2. If a mental disorder robs one of a guilty mind, that is “insanity”

What does “insanity” refer to in the legal sense?

Defense in criminal law that argues a defendant should not be held criminally responsible for their actions due to a mental illness or defect.

What percentage of felony cases involves an insanity plea?

1-3%

What usually happens to defendants who are found not guilty by reason of insanity?

1. Federal government and all states require that person be evaluated for possible hospitalization within 2-week period

2. Evaluation must be conducted in secure setting

3. Hospitalization is most common outcome

4. Hearing must document that individual continues to be mentally disordered, in need of treatment, and danger to self or others

5. NGRI patient must prove he/she no longer mentally ill and dangerous to be released

6. Conditional release

What are the components of an insanity evaluation?

• Clinical Interviews

• Psychological Testing

• Collateral Info

What is malingering?

Intentional feigning or exaggeration of physical or psychological symptoms for personal gain.

What is risk assessment?

Designed to assess these offenders help clinicians determine who is appropriate for community placement

Know the difference between clinical, actuarial and structured risk assessment.

C - Relies on the clinician's experience and judgment

A - Uses statistical models and algorithms to predict outcomes

S - combines both elements, using empirical evidence and a strong literature and research base to guide case formulation.

Know the difference between static and dynamic risk factors and protective factors.

• Increase the likelihood that someone will commit antisocial behavior

• Decrease the likelihood that someone will commit antisocial behavior

• Can change (stable (long-term) and acute (short-term))

• Does not change, historical in nature

What do evaluations done at the time of sentencing usually entail?

• Need for specific types of treatment – substance abuse, mental health, anger management, or sex offender

• Risk of future dangerousness (discussed previously)

• Important to include strategies for managing the risk as well as client’s receptivity

What is death penalty mitigation?

Attempting to avoid the death penalty

What do “sexually violent predator” statutes provide states the ability to do?

Allow offender to be committed to mental institution for indeterminate time after prison sentence is up, if he has mental abnormality and is seen as risk for future violent behavior

What are the responsibilities of family court discussed in class?

• Divorce and legal separation

• Child custody and visitation

• Child support

• Domestic violence protection

• Parental rights

• Juvenile and child welfare cases

• etc.

What is the goal of a child custody evaluation? Why are they difficult evaluations to do?

• Evidence-based assessment of the child’s best interest

• Evaluate multiple people and May tap into one’s personal biases

Know the difference between the standards of child custody (children as property, tender years, etc.)

• Children as property (chattel) - due to lack of maturity and ability to make decisions

• Tender years doctrine - Legal principle that historically presumed mothers should have custody of young children, typically under the age of four to seven, unless proven unfit.

• Best interest of the child - Legal and ethical principle that prioritizes the well-being and rights of children in all decisions affecting them.

• Least detrimental alternative - Principle used in child welfare and custody cases, emphasizing the importance of maintaining the continuity of a child's relationship with their primary caregiver.

What is the best predictor of how children will adjust after a divorce?

The quality of parental-child relationship and parental confilct

When are visitation risk assessments usually done?

Can occur when parent is accused of physically or emotionally damaging child or presenting risk of doing so

What is civil commitment? What are the criteria for it?

• Legal process that requires specific criteria to be met, primarily focusing on mental illness and the individual's ability to provide for their basic needs.

• Risk of harm, clear and convincing evidence, inability to provide for basic needs, mental illness, etc.

What is meant by grave disability?

Case of intellectual disability and inability to meet basic needs

What are the risk factors for suicide and for violence in mentally ill individuals discussed in class?

• History of suicide attempts

• Suicidal thoughts

• Severe hopelessness

• Attraction to death

• Family history of suicide

• Acute abuse of alcohol

• Loss or separation

• Multiple psychiatric hospitalizations

• Protective factors are dependents and meaningful daily routines

Choose two separate points in the criminal justice process between (and possibly including) arrest and release from prison/probation and explain how/why a risk assessment might be utilized for an individual at both of those points in the process.

(10 pts.)

What is the difference between a competency to stand trial evaluation and an insanity evaluation? In other words, explain what constitutes competency and what constitutes insanity. Which one is more difficult to establish and why?

(10 pts.)

Explain the purpose and process of a child custody evaluation. What is the goal of the evaluation and what exactly does the psychologist conducting it do? Be as thorough as you can in your answer.

(10 pts.)