Term
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Definition
| Civil Commitment involves a “massive curtailment of liberty” as serious as those faced by a convicted criminal |
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Definition
| The state cannot constitutionally confine a nondangerous individual who is capable of surviving safely by himself or with the help of willing and responsible family members or friends |
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Term
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Definition
| Least restrictive alternative |
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Term
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Definition
| Sets clear and convincing standard and burden |
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Term
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Definition
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Term
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Definition
| A defendant is not competent to stand trial if by reason of mental illness or mental defect, he lacks substantial capacity to assist counsel with a reasonable degree of rational understanding or lacks a rational or factual understanding of the proceedings against him. |
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Term
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Definition
| Files motion to discharge counsel and change his plea to guilty. Court allows him to do so. He’s found guilty and sentenced to death. After his conviction and after a period of treatment with antidepressant meds he files motion to overturn his conviction based on competency to waive the right to counsel is a higher standard than Dusky standard. |
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Term
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Definition
Criminal Defendant can be medicated against his will if the proposed treatment is:
1) medically indicated and he poses a substantial risk of harm to others
2) gravely disabled
3) a substantial governmental interest
**Note no provision for those who are just incompetent to make medical decisions. |
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Term
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Definition
| Must balance the intrusion (liberty interests) against the potential sentence. |
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Term
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Definition
| Sufficiently established to have gained general acceptance by the relevant scientific community |
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Term
| Daubert v Dow Pharmaceuticals |
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Definition
| Scientifically Valid and can reasonably be applied to the case |
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Term
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Definition
Involuntary medication absent a finding of:
1) incompetence and the need to medicate defendant to make him competent
2) imminent risk of harm to self or others
3) grave disability
- violates the due process right to liberty. |
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Term
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Definition
| Can medicate but case focuses largely on Dangerousness, not Substantial Governmental Interest |
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Term
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Definition
Vacated conviction of 4 Black men convicted of murder who confessed after being beaten.
* Competency to Confess |
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Term
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Definition
| Did the Totality of the Circumstances deprive the defendant of his will to resist the police? |
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Term
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Definition
| Prosecutor threatens to charge as **habitual offender if he did not plead guilty and accept 5 year sentence. ** Not Coercive. |
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Term
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Definition
| Guilty plea to **murder w/ sentence of life if death penalty not pursued. **Not Coercive |
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Term
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Definition
- In spite of Miranda warnings and repeated reminders that he did not have to talk, he persisted in giving police incriminating evidence.
- Psychiatric evaluation stated that he confessed in response to “command delusions” and that the confession was coerced (not knowing and voluntary) |
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Term
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Definition
- Fifth Amendment protection against self incrimination. Waiver “knowing and voluntary”
- Free will v determinism: How hard did the police make the decision vs. was the defendant psychologically capable of resisting? |
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Term
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Definition
| Concept of responsibility is a foundation of criminal law such that when a defendant is obviously not responsible insanity defense must be part of the case. Overturned US v Marble |
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Term
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Definition
| Defendant’s decision not to raise insanity defense must be followed if CST. Defendants must be allowed to make fundamental decisions about proceedings. This is the most accepted view. |
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Term
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Definition
Sentencing must be postponed if the judge has reasonable grounds to believe that the defendant may not have a level of awareness sufficient to understand the proceedings or to exercise his right to allocate.
* Competency to be Sentenced |
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Term
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Definition
| Defendant must understand the nature of the proceedings and be able to participate intelligently to the extent that participation is necessary |
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Term
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Definition
| Eighth Amendment prohibition against cruel and unusual punishment bans execution of the “insane.” Unaware of the punishment they are about to receive or unaware of why it is being carried out. |
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Term
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Definition
| The defendant is not legally responsible if by reason of duress of mental disease he had so far lost the power to choose between right and wrong, that his free agency at the time was destroyed and at the same time the alleged crime was so connected with the mental disease in relation of cause and effect as to have been the product of it solely. |
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Term
| MacDonald v United States |
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Definition
- Recognizing that the Durham court defined neither mental disease or product, provided a definition of mental Disease: "any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs behavioral controls”
- First addition of irresistible impulse criteria |
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