AbnormalPsychologyandLaw3

AbnormalPsychologyandLaw3 - Abnormal Psychology the Law...

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Abnormal Psychology & the Law Competency to Stand Trial and the Insanity Defense
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Distinguishing the evaluations Competency to Stand Trial Assesses whether a defendant has the capacity to participate adequately in the trial process Not part of the trial—a defendant must be CST for a trial to commence/continue The Insanity Defense A legal defense used as part of the trial process An affirmative defense
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Competency to Stand Trial The most common competency question 15-20% of adults evaluated found IST Higher for juveniles
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Competency to Stand Trial Constitutional Basis of CST : 14 th Amendment: Due Process/that the process be fair 6 th Amendment: Right to effective counsel and to present evidence Assurance of CST necessary for Individual rights/fairness Integrity of the system
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Competency to Stand Trial Specific legal decisions governing CST Dusky v US (US Supreme Court, 1960) Drope v Missouri (US Supreme Court, 1975)
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Dusky v US (1960) A defendant must have “sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against him”
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Drope v Missouri (1975) A defendant must have the capacity “to assist in preparing his defense” (not just understanding)
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Elements of Trial Competency Present ability Ability must be sufficient/reasonable Ability Rational and factual Reasonable degree
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Elements of Trial Competency Not related to any specific diagnosis Standard is a low one Specific requirements may depend on demands (a controversial issue)
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Elements of Trial Competency Understanding
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