AbnormalPsychologyandLaw2

AbnormalPsychologyandLaw2 - Abnormal Psychology & the Law...

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Abnormal Psychology & the Law Forensic Psychological Evaluation Types of criminal forensic psychological evaluations w Evaluation of Competencies w Evaluation of mental state at the time of the offense w Risk Assessments w Sex Offender evaluation w Capital Sentencing (mitigation) Evaluation of competencies w Types of criminal competencies assessed w Stand trial w Waive counsel
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w Waive Miranda w Confess w Plead guilty w Be executed Theoretical basis for requirement of competency w Fundamental fairness w Due process (14 th amendment) w A necessary component of a fair adversarial proceeding Legal standard for competency w Varies with type of competency w May vary from state to state
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w Competency to Stand Trial w Constitutionally guaranteed w must have capacity to understand charges/system and help attorney (rational and factual ) Legal standard for competency w Competency to Waive Counsel w Same as CST w Waiver of other rights (e.g., confession, plead guilty) w Must be “knowing, intelligent and voluntary” w Competency to be executed w Must be aware of the meaning of the sentence and the reason for it Mental state at
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the time of the offense w Not the same as competency to
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This note was uploaded on 09/25/2008 for the course PSYCH 341 taught by Professor Aaron during the Fall '08 term at UVA.

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AbnormalPsychologyandLaw2 - Abnormal Psychology & the Law...

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