Criminal Psych: Mental Health

subpoenaed

a document of records of past mental health treatment for a defendant if they are trying to claim incompetency, insanity, or diminished capacity (mental status is an issue in the case)

fiduciary relationship

legal relationship where one person has to act in the best interest of another;

between doctor and patient in a clinical setting

between psychologist and court/attorneys in a forensic setting

retrospective diagnosis

an insanity evaluation that focuses on the defendant’s mental state at the time the crime was committed

excuse

an attempt to lessen the blame attached to (a fault or offense); seek to defend or justify

competency to stand trial evaluations

conducted a few weeks before the trial, trying t determine the defendant’s current mental state

dusky decision (dusky v. u.s.)

in order to be competent to stand trial, a defendant must understand the charges against him, appreciate the range of possible penalties, and be able to assist in his own defense

basic mental capacities to a defendant to participate in their own defense (competent to stand trial)

have an appreciation of the charges against them

have an appreciation of the range and nature of the possible penalties

appreciate the adversarial nature of the legal process

have the capacity to disclose to their attorney pertinent acts associated with the alleged offenses

have the capacity to disclose to manifest appropriate courtroom behavior

have the capacity to testify relevantly

criminal intent

the urge to do something against the law, the motivation when they want to commit a crime

m’naghten insanity defense

• focuses on defendant’s awareness (cognitive), instead of controlling conduct

• must suffer from a mental defect at the time of the crime

• defendant did not know the nature and quality of the criminal act or that the act was wrong

irresistible impulse insanity defense

• easier to prove than m’naghten

• defendant must have a mental defect

• defendant’s awareness (cognitive) and the defendant’s will (ability to control conduct)

• volition (free choice)

• conduct is excused even if the defendant understands that the conduct is wrong

substantial capacity insanity defense

• needs mental defect

• did not have substantial (significant, but not total) ability to know what they were doing was wrong in the eyes of the law and control their behavior according to the law

• significantly impaired, not completely unable

• reasonable and repeated pattern of behavior that they dont see as wrong

• appreciate instead of know

durham insanity defense

• only used in new hampshire

• conduct is caused by the mental illness (1 causes the other)

• proximate causation

temporary insanity

the insanity defense (has to include either M’Naghten, irresistible impulse, substantial capacity, or Durham) must be present at the time the crime was committed

diminished capacity

• considered after defendant was found guilty

• could reduce the severity of the offense if the defendant can’t form the criminal intent required for the crime

• used to lessen blame, mitigating factor

major depressive disorder

persistent and pervasive low mood that is accompanied by low self-esteem and a loss of interest or pleasure in normal activities with no casual factor

antisocial personality disorder

characterized by a pervasive pattern of manipulation and a disregard for the rights of others

schizophrenia

a mental disorder characterized by abnormal social behavior and a failure to recognize what is real (psychosis)

• positive symptoms: presence of inappropriate behaviors

  • delusions: false beliefs

  • hallucinations: sensory experiences without sensory stimulation

obsessive compulsive disorder

persistent, unwanted thoughts (obsessions) causing the feeling of needing to engage in a particular action (compulsion) to make the obsession stop

fugue states

dissociative fugue: subset of dissociative amnesia where a person forgets their past, creates a brand new identity, in a different location

bipolar disorder

periods of mania (elevated mood and activity/arousal) alternating with periods of depression

borderline personality disorder

characterized by impulsivity and extreme instability in emotions, relationships, and self-image

schizoaffective personality disorder

people experience schizophrenia and a mood disorder simultaneously

agoraphobia 

an anxiety where the sufferer perceives certain environments as dangerous or uncomfortable because of openness or crowdedness

conversion disorder

characterized by suffering of neurological symptoms (numbness, blindness, paralysis) without definable organic cause

dissociative identity disorder

two distinct and alternating personalities

anxiety disorder

excessive, uncontrollable and often irrational, worry about events with no casual root

panic disorder

frequent panic attacks (incidents of intense terror) in which a person experiences dread and accompanying physiological sensations such as chest pain and choking

why is the insanity defense the subject of much debate?

because it is basically an excuse to the most evil and abhorrent conduct

each stage considered when looking at the competency to proceed + why a person needs to be competent for each step

• be arrested

• waive miranda rights

• consent to search

• enter a plea

• stand trial

• be sentenced

• be executed

it would be unethical to continue through the steps if the defendant does not know what is going on as it is their constitutional right to have fair legal proceedings

following a competency evaluation, a defendant may be found at any of these three levels of competency

competent to stand trial: the defendant moves to the next step in the legal process, usually trial

incompetent to proceed, with recommendations for measures that will restore competency

• competency education class: if the defendant simply doesn’t understand the legal process, there are mini-seminars to explain how the court works

• medication or other therapeutic measures can be utilized to stabilize a mentally ill defendant to the point where they meet competency criteria

permanently incompetent to stand trial: the defendant has a stable, permanent condition (mental retardation), a condition that will get worse over time (dementia), or a condition that is untreatable (severe psychiatric illness)

static risk factors

stable or permanent characteristics of a person/situation that are not likely to change over time

• biological factors or events in the past

• defendant’s genetic history, family upbringing, developmental disorder, or learning disability

dynamic factors

those that are subject to change, depending on circumstances

acute risk factors

immediately extant in the situation

• irritating provocation, state of intoxication, availability of means of escape, goading peers, absence of credible deterrents

short-term risk factors 

operate over periods of hours to days to weeks

• developing problems at work or at home, coping with an illness, worsening financial difficulties

long-term risk factors

operate over spans of weeks to months to years

• includes static risk factors and several dynamic risk factors like economic status, general economic climate, general state of physical and mental health

direct risk factors

subject to provocations

• substance abuse, abusive childhood, low educational level, joblessness and poverty, bad peers, and living in a hostile community environment

proxy risk factors

correlated with other risk factors

• substance use + aggression

impulsivity

tendency to respond. to situations without sufficient reflection or consideration of consequences

• poor frustration-tolerance and weak self-control

negative emotionality

many offenders have a characteristically dour, edgy, anxious, agitated, pessimistic, suspicious, and hostile attitude that makes them highly prone to overreacting to the slightest provocation 

• always in conflict with multiple people, will frequently complain that they can’t trust anybody

antisocial attitudes

many chronic offenders take pride in their badass status and do their best to advertise it to the world

• they see themselves as noble warriors in a hostile environment, deserving of praise, for being clever enough and strong enough to outwit or pound down rivals and take what they want

alcohol and substance abuse

can be a direct or proxy factor for criminal violence

• connection between alcohol and criminal behavior

unstable interpersonal relationships

impulsive, violent, and unstable people are less likely to enter and remain and long-term relationships, at the same time, the absence of these relationships may deprive them of one last buffer against violent behavior

psychosis

when associated with paranoia, delusions of thought control, and command hallucinations, it can be very dangerous

poor treatment compliance

at-risk offenders who have been assigned to, or have been receiving, treatment, failure to adhere to clinical recommendations or to follow through with treatment