Class Notes Week 8

Class Notes Week 8 - 5-12-04 I) Forensic Psychology Class...

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5.12.4 Forensic Psychology Class Notes (#9) I) PC 1368 Evaluation (competency to stand trial) – the state may not proceed against the defendant unless they have the capacity for meaningful participation in all the important phases of the judicial process a. Dusky Case (1960) – U.S. Supreme Court trial that defined what trial competence is b. Rationales : i. Fairness, Accuracy, Integrity – for these three things you need the defendant to be competent c. Incompetent if i. As a result of a mental disorder or developmental disability, the defendant is unable to understand the nature of criminal proceedings or is not able to assist in their own defense d. If incompetent i. Cannot be tried or punished e. Incompetence : i. Has to do with mental status at the time of the court proceedings (present time) ii. Law requires only a very basic understanding of the law iii. Focus is on “capacity”, not willingness iv. People are not incompetent just because they are mentally ill f. Prevalence
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