L24 - MH and the law

L24 - MH and the law - Today's overview Psychological...

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Today’s overview Psychological disturbance and criminal law Civil commitment Ethics in psychology
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Psychology and criminal law Insanity defense Competency to stand trial
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Insanity defense Not guilty by reason of insanity (NGRI) Meaning of “insane” Mens rea
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Insanity defense rules M’Naghten Rule (1843) Due to a mental illness, the defendant did not know and understand the nature and quality of the act OR did not know right from wrong Irresistible Impulse Standard The defendant was driven by an irresistible impulse to perform the act or had a diminished capacity to resist performing the act.
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Insanity defense rules American Law Institute Rule (1962) 1. person is not responsible if AT THE TIME of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to requirements of law. 2. The behavior is not just antisocial conduct.
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Insanity defense today Burden of proof is with the defense Influence of Hinkley case How often is this used?
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Public perceptions of NGRI defense 0 20 40 60 80 100 Felony indictments for which an insanity plea is made Insantiy pleas resulting in "not
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This note was uploaded on 02/28/2008 for the course PSYC 360 taught by Professor Borders during the Fall '07 term at USC.

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L24 - MH and the law - Today's overview Psychological...

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