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NEU Psych & the Law Spring 2011 Ch 8
These flashcards go over all review material at the end of the chapter
21
Psychology
Undergraduate 1
03/23/2011

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Term
What is the scope of forensic psychology?
Definition

Forensic psychology is a specialty that involves the application of knowledge and techniques from the behavioral sciences to answer questions about individuals involved in legal proceedings

Term
What is meant by competence in the criminal justice process?
Definition

Adjunctive competence is refers to as having the mental competence to consult with legal counsel in a rational and understanding manner. The term now applies to nearly all aspects of the accused person's state of mind

Term
How do clinicians assess competence?
Definition

They should use structured interviews that are very effective and accurate. These evaluations can be affected by things like amnesia and the issue of treating people against their will if they're so incompetent

Term
What are the consequences of being found incompetent to proceed in the criminal justice process?
Definition

If found IST, they can be sent in for treatment until they are competent to stand trial. If treatment is successful, they will move on like anyone else. If treatment is not successful, they will likely be placed in a mental health hospital for a period of time

Term
What is the legal definition of insanity?
Definition

The stripped-down version of the rule is that if the defendant doesn't understand exactly what it was that they did, then they can't be held accountable for their actions

Term
How frequently is the insanity defense used and how successful are its cases of use?
Definition

The insanity case is only tried in about 9 out of 1,000 cases it succeeds in only about 23% of those cases (so about 1/500 people who face some sort of criminal misconduct are found to be insane)

Term
What are the major criticisms of the insanity defense and what reforms have been attempted?
Definition

Many critics say that there is no true-set way to determine insanity. Because of this up-in-the-air status, many states have come up with a "guilty but mentally ill" sentence which results in their treatment until able to be placed in a standard criminal facility

Term
What is affirmative defense?
Definition

Affirmative defense is when in a trial, a position by the defendant that places the burden on the defendant to prove his or her claim. Insanity or self-defense is an example of an affirmative defense

Term
What is the Brawner Rule?
Definition

The Brawner Rule states that a defendant is not responsible for criminal conduct when, because of a mental disease or defect, he or she laacks substantial capacity either to appreciate the criminality of the conduct or to conform his or her conduct to the requirements of the law

Term
What exactly is competence?
Definition

Competence is the ability to understand implications of making legal decisions

Term
What is competence to stand trial?
Definition

Competence to stand trial is the sufficient ability to understand the the legal proceedings in which one is involved and to consult with one's attorney

Term
What is diminished capacity?
Definition

Diminished capacity is a variation of the insanity defense that is applicable if the defendant (in the words of the law) lacks the ability to "meaningfully premeditate the crime"

Term
What exactly is insanity?
Definition

Insanity is the principle legal doctrine permitting consideration of mental abnormality in assessign criminal liability. Those acquitted of criminal charges as NGRI are typically required to spend an indeterminate amount of time in a secure mental health facility until they are no longer a dangerous to themself or others

Term
What is the M'Naghten Rule?
Definition

The M'Naghten Rule is one test for the insanity defense under which a defendant can be cleared if they either didn't know what they were doing because of a "diease of the mind" or if they couldn't contemplate the severity of what they had done

Term
What is mens rea?
Definition

Mens rea is a guilty mind; it is the mental state which accompanies a guilty act

Term
What is prosecutorial discretion?
Definition

Prosecutorial discretion is the autonomy of presecutors to make decisions about criminal incidents. In the context of juvenile offenders, it involves deciding whether cases involving certain kinds of serious charges should be filed in juvenile or in adult courts

Term
What is reverse transfer?
Definition

Reverse tranfer is when juveniles placed in adult court are returned to juvenile court

Term
What is statutory exclusion?
Definition

Statutory exclusion is a statute stipulating that certain serious offenses allegedly committed by an adolescent must be filed directly in adult court

Term
What does it mean to stipulate?
Definition

To stipulate means to agree about a fact in a legal proceeding without further argument or examination

Term
What does it mean to be transferred and how do transfer laws come into play here?
Definition

To be tranferred means that a juvenile has ben formally moved to adult court. Transfer laws allow for such a move under certain conditions

Term
What is ultimate opinion testimony?
Definition

Ultimate opinion testimony is testimony that offers a conclusion aboutthe specific defendant or a specific witness in contrast to testimony about a general phenomenon

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