Forensic Psych Exam 3

competency in legal arena

you're looking at one's knowledge and functional abilities in relation to the specific competency

what are the important components of Dusky Standard?

1. factual understanding
2. rational understanding
3. ability to work with one's attorney
4. present & reasonable degree

factual understanding

basic understanding of how the court system works
- info that everyone should answer the same way

rational understanding

ability to apply the faculty knowledge to their case in a logical way that is not significantly impacted by mental health

ability to work with one's attorney

whether they're capable of doing this

present & reasonable degree

is fluid and subject to change

The Dusky Standard gives an overview of what someone needs to demonstrate to be competent but what does it not provide?

Dusky does not give specific information about the CONTENT covered in evaluations

You should determine whether the defendant has a factual and rational understanding (or relevant abilities) in relevant content areas. Where can you get this information from?

1. mental health record
2. medical records
3. educational records (useful for adolescents)

what content is (typically) covered in CST interviews?

1. understanding of charges and potential penalties
2. understanding of the adversarial nature of the court
3. ability to work with one's attorney
4. appropriate court room behavior
5. ability to testify

understanding of charges and potential penalties

1. do you understand charges and penalties?
2. do they understand what a plea bargain is?
- would you take it? why or why not?
- guilty, not guilty, no contest: not going to admit guilt but takes penalty, insanity: NG because of health reasons

understanding of the adversarial nature of the court

FACTUAL
do you know who is in the court room and what their job is?
- concerned that they'll be treated unfairly

ability to work with one's attorney

1. does the defendant understand what the defense attorney's job is?

in regards to be able to work with one's attorney, what is the distinction between volition and choice?

volition: difficult because of mental health and cognitive deficit?
OR
choice: choosing to be be difficult

appropriate courtroom behavior

1. speak when spoken to
2. do you understand consequences when you act out in court?
3. are they capable in ranging in court room?

ability to testify

1. ability to understand questions
2. provide relevant information in a coherent way
3. being able to communicate

competency report/evaluation

anything a defendant says, goes into report, except for confession or their version of allegations

misc. CST considerations

1. evaluating whether someone is CAPABLE of carrying out the tasks associated with court proceedings
- not whether they're willing to
- you can be competent and psychotic but still being asked what is told of you

2. to be found incompetent, there must be an underlying condition that is impairing their abilities and DIRECTLY linked to those abilities
- not just having symptoms and how severe they are

unrestorably incompetent

they are not going to be competent in foreseeable future

Jackson v. Indiana

Jackson: defendant
- deaf & mute
- found incompetent
-sent to psychiatric hospital to restoration
-saying that he was being held against his will & violating his rights
- being held indefinitely with no hope of restoration
- cannot hold someone for restoration forever
- can only hold them for a certain amount of time

what is testamentary confidency?

ability to construct a will

what are some reasons why a defendant may refuse medication?

1. issues associated with insight: they see no reason for treatment because they don't see mental health symptoms

2. issues associated with side effects of the medication
- potential impact on competency status: can make them feel foggy/cloudiness, side effects

Sell v. U.S. (2003)

when a defendant is not a danger to themselves or others

what conditions must be met in order to find out if medicating a defendant is not a danger to himself or others? (Sell v. U.S.)

1. treatment was medically appropriate
2. treatment would be unlikely to result in side effects that could undermine the trial
3. treatment was necessary to fulfill a government issue (ex. prosecution of the trial)

what is the purpose of forensic assessment instruments (FAI)?

these are tests that have been designed to be used in the forensic arena to directly address a particular psycho legal issue (legal question/issue that is being answered in part by psychological knowledge)

competency screen test

a forensic assessment instrument used to measure individuals' competency to stand trial, participants complete 22 sentence fragments a test of their knowledge and legal proceedings
ex. "When I go to court, the lawyer will, _________."
"If the jury finds me guilty, I will _________."

what are the two types of MacArthur tests?

1. MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD)
2. MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD)

- 82 questions
- designed to measure a defendant's competency to stand trial

MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

- much shorter version than MacSAC-CD
- 22 questions
- designed to measure a defendant's competency to stand trial

what is the point of MacArthur?

1. focus on the defendant's inividual case: ask questions that are unique to indivudal case
2. reliance on a hypothetical scenario

what is a potential concern with the MacArthur approach?

want them to give rational decision with their own case

what are some factors that may prompt an adolescent to be transferred to adult court?

1. the type of charge
2. what are they are: ex. is a 17 y.o committed a triple homicide they will try him as an adult b/c they're almost 18 & b/c of the severity of the case
3. there are hearings when the court can decide but sometimes it is automatic to send them to adult court

what are some concern regarding adolescent CST?

1. role of developmental immaturity: they are incompetent b/c where they are in development; frontal cortex (decision making is not developed)
2. juveniles, esp. younger ones, tend to have a more difficult time understanding courtroom personnel
3. short term vs. long consequences of decisions

what is response style?

the extent to which someone is accurate

why is response style necessary in forensic evaluations?

your conclusion is only as good as the info you have

why are forensic evaluations important to one's conclusion?

can present info in an untruthful way
- so they won't have to go to trial
- attempt to avoid prosecution

what is a type of response style?

malingering

what is malingering?

deliberate fabrication OR gross exaggeration of psychological or physical symptoms for the fulfillment of an external goal

what are some key components of malingering?

1. psychological symptoms
2. deliberate
- person is purposely lying
- no symptoms at all (faking)
3. exaggeration
- ex. may have mild depression but lie/act like they have severe depression
4. may combination of faking & exaggeration
5. goal is external from individual

what are some implications of malingering in a CST evaluation compared to criminal responsibilty?

1. really big deal to label someone as malingering
2. may get incorrect answer
3. will get sent to psychiatric hospital for treatment
4. delays the trial, doesn't stop it from happening

what is not guilty for reason of insanity (NGRI)?

they are saying that they did commit the crime but they shouldn't be punished for it

what are some misconceptions regarding the insanity defense?

1. "this is the same as being found NG"
2. "having a mental illness automatically means that the person is insane"
3. "this defense is frequently used"- only 1% even try this option, only successful in ~ 25% of these cases

when can NGRI plea be appropriate?

the person must have engaged in the crime of their own free will

why isn't free will the case in all situations?

not fair to punish someone for something that they didn't mean to do or have no control of

what is an example of self defense?

can be found NG because their intent was to defend themselves

what is retribution (or just deserts component of punishment)?

eye for an eye; if you break the law, then something bad should happen to you

what is deterrence?

it would deter or lessen the chances of them comitting the crime again or people who saw them getting in trouble would be less likely to commit that crime

what are 2 components of insanity?

1. mens rea
2. actus rea

what is mens rea?

cognitive internal component; the intent behind the action

what is actus reus?

actual act of committing offense

what is the volition associated with carrying out the act?

did they do this of their own free will or did they choose to do this with a clear state of mind?

why is M'Naghten case a strict standard?

- strict meaning its hard to be found NGRI (referring to mental health symptoms
why?: because of the work "know"
- if you're saying "know" the person does not know that what they did was illegal

what is irresistible impulse (policeman at the arm/elbow)?

not responsible if:
A) lost power to choose between right/wrong due to mental illness (mens rea)
B) if the action was caused solely by the mental illness (actus reus)

what has the irresistible impulse fallen out of favor?

because of B) if the action was caused solely by mental illness
- its saying that its only one thing only: mental illness
- hard to determine if something was cause because of irresistible impulse

why does irresistible impulse have a strict standard?

irresistible impulse has a strict standard because its hard to be found insane under this standard

what is the Durham or Product test?

one is not criminally responsible if the act is a product of a mental disease or defect
- mental illness= insanity

what are the problems with the durham or product test?

any mental illness (related to the act or not) was used to be found insane

why has the durham or product test fallen out of favor?

more people have been found as insane as long as they had a mental health diagnosis

is the durham or product test lenient or strict?

Durham or Product test is lenient (its easier to be found NGRI)

what does "appreciate" mean in the ALI Model Penal Code?

someone can know its illegal but they may not appreciated that what they did was wrong because of the mental health symptoms

cognition/behavior not totally influenced by mental illness (ALI)

more leninent; realizes that there are other factors of behavior

excluded abnormal behavior that is solely reflected by repeated criminal acts (ALI)

it limited what diagnosis could be found for grounds of insanity; more strict than product test

is the ALI Model Penal Code more strict or more lenient?

more lenient standard

what is the Insanity Defense Reform Act (IDRA)?

federal standard adopted in response to a high profile case

what is affirmative defense? (IDRA)

burden of proof shifts from prosecution to defense

took away the volition prong (IDRA)

only looking at mens rea (cognitive/internal component) not actus reus

what does IDRA mean for states?

federal standard so it does not apply for all states

ultimate opinion

the evaluator provides a direct/explicit conclusion regarding psycho legal issue at hand

penultimate opinon

the evaluator addresses the components of the psycho legal issue but does not provide a definitive conclusion regarding the legal question at hand

how do you evaluate insanity?

1. retrospective evaluation w/ a focus on the defendant: months/years after events happen & still have to do evaluation
2. emphasis on time frame:
- prior
- during
- after the offense

R-CRAS (Rogers Criminal Responsibility Assessment Scales)

a forensic assessment instrument that attempts to translate the legal standards of insanity into components
ex. ability to control one's thoughts, ability to control one's behavior

what does Ralph Tortorici's case relate to?

NGRI

what was Ralph Tortorici's offense?

- Dec. 14th, 1994
- went to a remote part of campus, had a rifle & knife hidden in duffle bag w/ multiple rounds of ammunition
- took a class of 35 students hostage for 2 hours
- hostage situation ended when students overpowered him

what was Ralph Tortorici charged with?

1. attempted murder
2. assault
3. kidnapping
4. reckless endangerment
5. criminal use & possession of firearm

what was Ralph Tortorici's verdict?

was found SANE by the jury- he should be found criminally responsible
- sentence: 20-40 years in prison
- committed suicide 3 years into sentence

what is legal custody?

gives someone the right to make decisions about the child's treatment
ex. medical treatment

what is physical custody?

where the child resides or where they stay

what is a high conflict divorce?

divorces that last 2 years or more
ex. Angelina Jolie & Brad Pitt divorce

how can a high conflict divorce impact children?

problems with behavior & social functioning

what are some factors associated with various outcomes with high conflict divorces?

1. mothers tend to focus on monetary aspect
2. females tend to get hit the hardest financially as opposed to males
3. females tend to get more primary physical contact
4. males tend to want more time with their kids

what is parental alienation?

when one parent actively engages in behavior to alienate/limit relationship with the other parent

what is the main goal with parental alientation?

chip away relationship with parent B

what are some examples of parental alienation?

1. talking bad about other parent
2. start rumors & make things up
3. try to limit physical contact with the child

what are some different custodial arrangements?

1. tender years doctrine
2. primary caretaker rule
3. the uniform marriage & divorce act of 1976
4. approximation rule

what is the Tender Years Doctrine?

children of a young age and all female children were supposed to be placed with the mother unless there were extenuating circumstances

what is the primary care taker rule?

instructs courts to to award primary custody to the parent that was primarily responsible for raising the child prior to the divorce

what is the the uniform marriage & divorce act of 1976?

legislation that proposes 5 criteria to be used for determining custody:
1. the wishes of the child's parents
2. the wishes of the child
3. the relationship between the child and the parents, siblings, and any other persons who significantly affect the child's best interest
4. the child's adjustment to home, school, and community
5. the physical and mental health of the everyone involved with the child

what is the approximation rule?

a rule stating that courts should allocate custodial responsibilities so that the proportion of custodial time the child spends with each parent approximates the proportion of time each parent spent with performing caretaking functions for the child before the parents' separation

what is the main goal of the approximation rule?

to promote stability and continuity in child's life

what is the role of the evaluator in child custody cases?

evaluator is tasked with making a recommendation about custody based on evaluation of:
- the child
- the guardian(s)
- the child with the guardian(s)
- collateral records
- testing

what is response style? (custody evaluation)

minimizing or denying any problems that they have
-opposite of malingering

what are three types of tests used in custody evaluations?

1. personality tests
2. intelligence tests
3. projective tests

what is a personality test?

gives idea of personality and mental health symptoms and their type of response style during evaluation
ex. MMPI

when is an intelligence test used?

only used if you think the person has significant cognitive deficits

why aren't intelligence tests used in every evaluation?

can think parent with lower IQ score may not be the best parent to care for the child

what is a projective test?

it presents individual with benign stimuli and will project their feelings on this stimuli
ex. Rorschach Inkblot tests

what are the limitations of using projective tests in forensic settings?

inconsistency and subjectivity when scored
- is not admissible in court
- too much controversy whether they represent

what are some challenges with these custody evaluations?

1. rates of ethical complaints (not everyone's going to like what you conclude)
2. potential role of bias
3. dual roles

what are dual roles?

you already have a professional relationship and you take on another role
ex. therapist would have preconceived biases

what kind of research design is used to examine children's responses to divorce?

longitudinal research: research that collects data over a long period of time

what is the role of economic security in how children respond to divorce?

feelings of loss, separation, anger, and depression may be exacerbated by financial insecurity, dealing with the logistics of setting up different households, transporting the children between parents