Forensic Psychology Final

Definition of Competency to Stand Trial (CST)

Whether an individual (Defendant) has sufficient present ability to perform legal functions.

What are the 4 standards of competency?

1. Factual understanding

2. Rational appreciation

3. Decision-making ability

4. Ability to consult with attorney and assist in defense

What is factual understanding?

• Refers to the defendant’s basic knowledge of the courtroom process and roles.

• They must understand:

  • What they are charged with

  • What a judge, prosecutor, and defense attorney do

  • Possible outcomes of the trial (e.g., sentencing, plea options)

What is rational appreciation?

• The defendant understands how the legal process applies to their specific case.

• They need to:

  • Recognize how the charges affect them personally

  • Understand why they were arrested or charged

  • Appreciate the seriousness of the situation

  • Be able to make reasoned choices

What is Decision-Making Ability?

• The ability to make informed, rational decisions related to the case.

• This includes:

  • Deciding whether to accept a plea deal

  • Choosing to testify or remain silent

  • Understanding the pros and cons of different legal strategies

What is the ability to consult with an attorney?

• The defendant must be able to communicate and collaborate with their lawyer in a meaningful way.

• This includes:

  • Understanding advice given by the attorney

  • Expressing themselves clearly

  • Helping gather evidence or locate witnesses

  • Participating in planning a legal defense

What U.S. Supreme Court case established the legal standards for determining competency to stand trial (CST)?

Dusky v. United States (1960) — This case created the Dusky Standard, which requires that a defendant must have both a factual and rational understanding of the legal proceedings and the ability to consult with an attorney.

What are the key functions a defendant must show to be considered competent to stand trial?

• Understand their current legal situation and charges

• Understand pleas and possible penalties

• Understand roles of judge, defense counsel, and prosecutor

• Trust and communicate with defense counsel

• Help locate witnesses and develop cross-examination strategies

• Act appropriately during trial

• Make appropriate decisions about trial strategy

What are important CST legal cases?

1. Cooper v. Oklahoma (1996): The Supreme Court ruled that requiring defendants to prove incompetence by “clear and convincing evidence” is too strict and violates due process.

2. Medina v. California (1992): The Court upheld that states can place the burden of proving incompetence on the defendant without violating the Constitution.

3. Godinez v. Moran (1993): Ruled that if a defendant is competent to stand trial, they are also competent to waive their rights and plead guilty.

Criminal Responsibility (“Insanity”)

Refers to defendant's state of mind at time of crime (vs. CST which is about current state)

What are the challenges to assessing insanity?

• No gold standard for determining insanity is available

• Retrospective evaluation is difficult

• Elements of insanity are unclear

• States use different insanity standards

• Public/juror perception of insanity

How does the Andrea Yates case relate to Criminal Responsibility?

The Andrea Yates case relates to criminal responsibility because during her first trial she was found guilty but during her second trial she was found Not Guilty by Reason of Insanity (NGRI) after killing her five children during a severe episode of postpartum psychosis, showing that severe mental illness can remove legal responsibility for a crime under the insanity defense.

What are the types of legal competencies?

• To waive an attorney

• To confess

• To make treatment decisions

• To execute a will or contract

What are the theories of punishment?

• Retribution Perspective: Suggests punishment should be proportionate to harm committed

• Deterrence Perspective: Built on principle that punishment should be used to learn consequences of crimes

What is the Durham Standard?

It means the defendants act was “product of mental disease or defect”

M’Naghten Rule

“defect of reason” due to mental illness; didn’t know wrongfulness

Irresistible Impulse Test

Weather a defendent was unable to control their behavior or resist committing a crime, even if they knew the act was wrong (due to mental illness). Focuses on Volitional capacity- The ability to control actions rather than just understanding right from wrong. Smith v U.S. and relates to M’Naghten Rule.

ALI Standard

Could they understand OR control themselves? Covers both mental understanding and control, making it more comprehensive. Combines M’Naghten and Irresistible impulse test. Used in hinkley case.

What is the Insanity Defense Reform Act (1984)?

A federal law that significantly tightened the use of the insanity defense in U.S. courts.

What key changes were made by the Insanity Defense Reform Act of 1984?

The Act made it harder to use the insanity defense by:

1. Presuming the defendant is sane (Assumes defendent is sane until proven otherwise),

2. Placing the burden on the defense to prove insanity by clear and convincing evidence (Defense has full responsibility to prove the defendant was legally insane. At the time of the crime), and

3. Prohibiting expert witnesses from stating whether the defendant was legally insane (the “ultimate issue”) (Experts can’t say outright whether the defendant was legally insane, they can testify about mental illness and symptoms but the jury or judge makes the final decision)

What is the Hinckley case and why is it important?

In 1981, John Hinckley Jr. attempted to assassinate President Reagan to impress actress Jodie Foster. He was found not guilty by reason of insanity under the ALI standard. Public outrage led to stricter laws on the insanity defense. Established the Insanity Defense Reform Act.

What are some alternatives to the traditional insanity defense that emerged after the Hinckley case?

• Guilty but Mentally Ill (GBMI): Defendant is found guilty and mentally ill; serves prison time with possible treatment.

• Guilty Except Insanity (GEI): Defendant is not criminally responsible due to insanity; committed to a psychiatric facility.

• Mens Rea Defense: Argues the defendant lacked the required criminal intent due to mental illness, but does not claim full legal insanity.

• NGRI: Not guilty by reason of insanity

What memory challenge is common in children under age 5 during interviews?

They may struggle to distinguish between real and imagined events.

What factors can lead to unreliable reports from children in sexual abuse interviews? (False memory)

Suggestive or biased questioning (Can lead to false memories), repeated biased interviews (reduce reliability), delayed interviews (Increases inaccuracy), and interviewer bias (assuming that abuse occurred can bias response)

How can interview props like dolls or diagrams affect child testimony?

They can increase false reports, especially in children under 6; body diagrams are better used after the child had already disclosed that abuse happened.

What are the three phases of the NICHD investigative interview protocol?

1) Introductory (Establishes rapport (trust/understanding) and explains the interview process to help the child feel comfortable and understand their role.), 2) Ground rules (Teaches the child it's okay to say “I don’t know” or correct the interviewer, which helps promote honest and accurate responses.), and 3) Substantive (Uses open-ended prompts to encourage the child to share detailed information about the suspected abuse without being led or influenced.)

What interviewing techniques does the NICHD protocol recommend?

Use open-ended prompts, avoid suggestive questions, explain it’s okay to say “I don’t know”, and video record interviews.

What does Child Sexual Abuse Accommodation Syndrome (CSAAS) explain?

Why children may delay, deny, or recant (take back former claims of abuse even though it actually happened) reports of abuse due to emotional coping or fear responses.

According to research, which CSAAS behavior is common and which are less common?

Delayed disclosure (not reported immediately) is common; denial and recantation are less common.

What are warning signs that an adult’s recovered memory of abuse may be false?

Memories from before age 3, repeated abuse with no prior memory, vague/dreamlike recall, and therapy-induced recovery. False memories can be implanted, especially through suggestive therapy or Recovered memory therapy.

What are the two main types of custody the courts distinguish between, and what does each one mean?

• Legal custody refers to the right to make major decisions about the child's life (e.g., education, healthcare, religion).

• Physical custody refers to where the child lives and who provides day-to-day care.

Types of Custody Arrangements

• Joint legal custody: Both parents share decision-making rights

• Joint physical custody: Child lives with both parents according to schedule

• Sole Physical / Joint Legal Custody: Lives with one parent, but both share decision-making (education, health, etc.).

• Joint Physical/Joint Legal Custody: Child lives with both parents and both share decision-making.

• Sole Physical/ Sole Legal Custody: One parent has full custody: the child lives with them full-time, and they make all major decisions alone.

• Joint Physical/ Sole Legal Custody: Child splits time between both parents, but one parent has all legal decision-making power.

What is the Best Interests of the Child Standard (BICS)?

Based on Uniform Marriage and Divorce Act (UMDA):

• Parent and child wishes

• Relationships

• Adjustment

• Health of all parties

What is the Uniform Marriage and Divorce Act?

A model law created in 1976 to help states create consistent guidelines for family law cases, especially child custody.

What are the key components of a psychological evaluation for child custody cases?

• Interviews with the parents and child

• Observations of parent-child interactions

• Review of relevant records

• Interviews with collateral contacts (e.g., teachers, relatives)

• Use of standardized psychological tests

What are two main benefits of custody mediation, and when should it be avoided?

• Custody Mediation: A process where a neutral third party/a mediator helps divorcing parents reach an agreement

• Benefits:

  1. Decreases parental conflict and lowers court costs

  2. Reduces the need for extensive psychological assessments

  3. Gives parents more control over the outcome

• Avoid:
  In cases involving spousal or intimate‐partner abuse, where safety and power imbalances are concerns.

What is collaborative divorce?

A full divorce process focused on cooperation, not litigation (the legal process). Each parent hires a collaborative lawyer, and they may also involve child specialists, financial experts, or therapists. Requires both parties to agree not to go to court.

What is parent coordination?

A court-appointed process where a neutral professional helps high-conflict parents manage disputes and follow existing custody orders, focusing on reducing conflict and improving co-parenting.

What happened in the Tarasoff v. Regents of the University of California (1976) case?

A therapist learned that his client intended to kill Tatiana Tarasoff, and warned the campus police, but failed to warn her. Tarasoff was later killed. Her family sued, claiming the therapist failed to protect her.

What legal rule was established by the Tarasoff case?

The “Tarasoff Rule” established a therapist’s duty to warn or protect when a client poses a serious threat to a third party, even if it means breaking confidentiality. The therapist must warn victim, police, or take reasonable steps.

What are exceptions to confidentiality?

• When the client poses an imminent danger to themselves or others.

• When the therapist suspects child, elder, or dependent adult abuse.

• When the client has directed the therapist to share information about their treatment.

• When the therapist receives a court order.

• When the therapist needs to obtain payment for services (APA Code of Ethics).

When should the Tarasoff rule be implemented?

• Varies by state (mandatory, permissive, or no duty)

• Time frame typically 24-48 hours (maximum 72) to inform intended target

• Oregon Statute: Information indicating "clear and immediate danger" may be reported, no liability for not disclosing.

Involuntary Civil Commitment

• Involuntary placement in psychiatric facility against one's will

• Most states require:

  1. Mental disorder affecting functioning AND

  2. Future danger to self or others

• 48-72 hour hold before reevaluation

• Therapist must assess:

  • Seriousness of threat

  • Likelihood of future violence

  • Type of harm (Physical, emotional, etc.)

What are the steps to the legal process?

1. Crime Occurs

2. Law Enforcement Investigation

3. Arrest (Miranda rights)

4. Booking (fingerprints, mugshots, etc.)

5. Initial Appearance (within 24-48 hours, rights explained)

6. Arraignment (Defendant is formally read charges, formally enters a plea, bail is determined, and attorney is assigned)

7. Stay in jail or return to community (depending of flee risk/risk to community)

8. Preliminary hearing

9. Competency to stand trial evaluation (if needed)

10. Plea decision point:

    1. If Not guilty plea → pretrial process→ trial → verdict

    2. If guilty plea or accepts plea deal → direct to sentencing

11. Trial Verdict (if case went to trial)

    1. If not guilty→ defendant released

    2. If guilty→ sentencing

12. Sentencing (for all guilty outcomes)

13. Incarceration or alternative sentencing

14. Release

Legal Process Flowchart

Define Risk Assessment

Evaluates the likelihood that an individual may engage in harmful behavior (e.g., violence, reoffending), predicts future dangerousness while balancing public safety and individual rights.

What are the goals of risk assessments?

• Maximizing correct predictions of future violence (true positives) and minimizing incorrect predictions of no future violence (false negatives) helps target right people for interventions

• Maximizing correct predictions of no future violence (true negatives) and minimizing incorrect predictions of future violence (false positives) helps avoid targeting wrong people

What is the difference between clinical and actuarial prediction in risk assessment?

• Clinical prediction is based on personal judgment and experience, with no rules on collecting/combining information, making it flexible but less reliable.

• Actuarial prediction uses data and research-based tools, offering more accuracy and consistency, though it may not fit every individual case (generalizability is questioned)

What are the types of risk factors?

• Static Factors: Unchangeable, cannot be changed with intervention

• Dynamic Factors: Can be changed through intervention

• Risk-Management Markers: Refers to how a person does after release:

  • Adjustment in the community

  • Participation in and response to treatment

What are sexually violent predator (SVP) laws?

SVP laws allow for the civil commitment of certain sex offenders after their prison sentence if they have a mental abnormality or personality disorder and are likely to commit future sexual violence.

What is Kansas v. Hendricks (1997), and how does it relate to SVP laws?

Kansas v. Hendricks upheld the constitutionality of SVP laws, ruling that civil commitment after a prison sentence is a preventive, not punitive, measure. It confirmed that detaining sexually violent predators due to mental illness and risk of reoffending does not violate double jeopardy (being punished twice for the same crime) or ex post facto laws (being punished by a law created after the crime was committed).

What are key federal acts related to SVP laws, and what does each one do?

• Jacob Wetterling Act (1994): Required states to establish sex offender registries for law enforcement.

• Megan’s Law (1996): Required public notification about registered sex offenders in the community.

• Adam Walsh Act (2006): Created a national registry, classified offenders into tiers, and standardized monitoring across states.
  All three support SVP laws by improving the tracking and management of high-risk sex offenders.

What are some concerns or problems with sex offender registries?

Most research shows that registries do not reduce crime, and some studies suggest they may actually increase the risk of reoffending due to stigma, isolation, and lack of support.

What are mandatory sentencing guidelines, why are they unconstitutional, and what case decided this?

Mandatory sentencing guidelines are rules that require judges to impose specific, fixed sentences for certain crimes, often based on: The type of crime, the criminal history of the offender, and other legal factors. They were deemed unconstitutional in the case of United States v. Booker (2005) because they violated a defendant's Sixth Amendment right to a trial by jury (judges were determining sentences instead).

What is the difference between punishment and rehabilitation in the criminal justice system?

Punishment focuses on retribution and deterrence through incarceration and strict penalties.

Rehabilitation aims to change behavior and reduce reoffending through therapy, education, and treatment programs like CBT.

The U.S. emphasizes punishment, but rehabilitation is often more effective at preventing future crime.

What is the Three-Strikes Law?

A law that mandates severe penalties, often including life sentences, for individuals convicted of three or more serious crimes, aims to deter repeat offenders.

What are the different types of Imprisonment

• Jail (Short-Term): Short-term, local facility, run by cities/counties, hold people awaiting trial or short sentences (less than 1 year)

• Prison (State Prison): Long-term incarceration for those convicted of more serious crimes, run by state governments.

• Federal Prison: For individuals who break federal laws (E.g, drug trafficking, fraud), generally more structured than a state prison.

• Supermax Prison: Maximum-security facilities designed for the most dangerous inmates (e.g., terrorists, serial killers). Inmates are kept in solitary confinement for 22-23 hours a day.

What was Ruiz v. Johnson (1999) and how does it relate to solitary confinement?

Ruiz v. Johnson found that long-term solitary confinement, especially for mentally ill inmates, can cause severe psychological harm and violate the Eighth Amendment (cruel and unusual punishment). It raised awareness about the dangers of isolation in prisons.

What are common alternatives to prison, and why are they used?

Alternatives include probation, house arrest, community service, restitution, fines, and halfway houses. They are used because they are cost-effective, reduce overcrowding, and better prevent reoffending, especially for nonviolent or first-time offenders. Emphasizes rehabilitation over punishment.

How does the cost of the death penalty (capital punishment) compare to life imprisonment?

The death penalty costs significantly more than life imprisonment due to longer legal processes, expensive appeals, execution-related materials, and the higher cost of housing inmates on death row. It is estimated that the death penalty costs $3.6-3 million per person compared to $700,000 for life imprisonment.

What two main factors contribute to the United States having the highest incarceration rate in the world?

1. The number of people sent to prison

2. The length of time they stay incarcerated

What are three main strategies to reduce prison population?

• Prevent crime before it happens (e.g., early intervention programs)

• Reduce sentence lengths where appropriate (e.g., for nonviolent or first-time offenders)

• Lower recidivism by supporting rehabilitation and reentry

What is Cognitive Behavioral Therapy (CBT)?

A type of psychological treatment that focuses on how a person’s thoughts, feelings, and behaviors are connected. It’s a short-term, goal-oriented treatment that helps individuals change negative thoughts and behaviors to improve emotional well-being.

What is the 8th amendment?

The 8th Amendment to the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

Where is the death penalty commonly used, and where has it been abolished or abandoned?

The death penalty is commonly used in authoritarian countries like China, Iran, Saudi Arabia, Iraq, Egypt, and the U.S.(from highest to lowest executions).

It has been abolished or abandoned in most democratic countries, including Canada, Mexico, Australia, New Zealand, Western Europe, and much of Central and South America.

What 5 US states are responsible for over 65% of all US executions?

Texas, Virginia, Florida, Oklahoma, and Missouri. Texas accounts for 38%. (For these states aggraveted murder is the only crime punishable by death)

What are the main moral and practical debates surrounding the death penalty?

Morally, critics argue it risks killing innocent people and violates the right to life. Practically, it's more expensive than life imprisonment and doesn't clearly deter crime (Death penalty states often have higher murder rates)

What are some key court cases related to the death penalty, and why are they important?

• Furman v. Georgia (1972) & Gregg v. Georgia (1976): Furman halted the death penalty due to arbitrary (random or personal choice) sentencing; Gregg reinstated it with guided procedures.

• Roper v. Simmons (2005): Banned the death penalty for crimes committed by minors under 18.

• Atkins v. Virginia (2002): Prohibited executing individuals with intellectual disabilities.

• Ring v. Arizona (2002): Required juries—not judges—to decide on death sentences when aggravating factors are involved.

What are some key racial disparities in the application of the death penalty?

• Victim’s race influences sentence

• Black defendants more likely to receive capital punishment

• 42% of death row = African American

What do innocence and error rates reveal about the death penalty system?

• 68% of sentences overturned

• Causes: Incompetent lawyers, misconduct, bad jury instructions

What is a Victim Impact Statement (VISs) and why is it important?

A victim impact statement is made by the victim’s loved ones during sentencing to show how the crime affected them. It helps the court understand the emotional impact and can influence the sentence.

What is a Execution Impact Statement (EISs) and why is it important?

An execution impact statement is made by the offender’s family to show how the execution would affect them. It gives the jury a fuller picture of the punishment’s emotional impact.

What is the main difference in goals between psychology and law?

Law is prescriptive and aims to regulate individual behavior, while psychology is descriptive and aims to explain group behavior.

How do law and psychology differ in their methods?

Law relies on court rulings and precedent (past-oriented), while psychology uses scientific research and data (future-oriented).

What does the “culture clash” between psychology and law refer to?

It refers to differences in goals (justice vs. truth), methods (precedent vs. data), and inquiry (advocacy vs. objectivity).

How does psychology contribute to the legal system?

It provides insights into human behavior, mental health, memory, and decision-making, influencing areas like competency, risk assessment, and eyewitness testimony.

Why is it important to bridge the gap between psychology and law?

Because many legal issues are inherently psychological and impact people’s rights, well-being, and behavior across the lifespan.

What are the roles of a forensic psychologist within the legal system?

They evaluate competency, provide expert testimony, conduct risk assessments, and apply psychological knowledge to legal questions.

What is a "burden of proof"?

It’s the legal standard that determines which party must prove their case and how convincingly it must be proven.

What burden of proof is used in Competency to Stand Trial (CST) evaluations?

Preponderance of the Evidence—meaning it is more likely than not that the person is competent or incompetent.

Who carries the burden of proof in most insanity defense cases?

The defense—they must prove that the defendant was legally insane at the time of the offense (affirmative defense).

What did the Insanity Defense Reform Act (IDRA) of 1984 change about burden of proof?

It shifted the burden to the defense and required defendants to prove insanity by clear and convincing evidence.

What legal concept is CST based on?

It is a legal (not psychological) concept focused on functionality, not diagnosis.

What are common tools used to assess CST?

• MMPI-2

• ECST-R

• MacCAT-CA

• Competency Screening Test

• Competency Assessment Instrument (CAI)

• NO GOLD STANDARD

What is the single strongest predictor of incompetence to stand trial?

A psychotic disorder

Are juveniles evaluated the same as adults for CST?

No. Juveniles (especially ages 11–13) are more likely to have deficits and may accept plea deals without understanding the consequences.

What are some tools used to assess criminal responsibility?

• R-CRAS (Rogers Criminal Responsibility Assessment Scales)

• MSE (Mental State at the Time of Offense Screening Evaluation)

Why is assessing criminal responsibility difficult?

It’s a retrospective evaluation, states use different standards, and juror/public understanding is often limited.

What actions may a therapist take under the duty to protect?

• Warn the intended victim

• Notify law enforcement

• Take other reasonable protective measures

What are some challenges therapists face in applying the Tarasoff rule?

• Defining what counts as serious harm

• Judging the credibility of threats

• Conflicting state laws (especially with cross-border cases)

• Balancing confidentiality vs. public safety

What happens if a therapist fails to act on a threat?

They may be held civilly liable if harm occurs and it is found they did not exercise reasonable care

What is Parent Alienation Syndrome?

• One parents attempt to amke child unfairly fear the other during custody dispute (Gardner, 1985)

• Three Levels of PAS

  • Mild

  • Moderate

  • Severe