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PSY 366 Mental Health and the Law notes.docx

PSY 366 Mental Health and the Law notes.docx - Edith...

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Edith Carrera PSY 366 11/22/16 Mental Health and the Law Insanity Defense Insanity: any abnormal condition of the mind which substantially affects either the emotional process and substantially impairs behavior controls o Legal Term: either you are insane or not o Can be mentally ill without being insane, but not insane without being mentally ill Insanity defense: The person cannot be blamed for the crime because they committed it due to a mental illness Criticisms Defendants may fake mental disorder to avoid criminal responsibility May reduce deterrent effects because people may believe they can commit crimes and then fake a disorder by raising the defense and getting off People will spend less time in mental institutions than in prison *10,000 out of 1 million will plead insanity *26,000 make it to trial *2,210 are successful and sent to mental hospitals *390 are “released” *45 will be conditioned release, 12 unconditioned release *12 require outpatient treatment The person’s guilty act (actus rea) lacks moral blameworthiness because they were unaccompanied by the guilty state of mind (mens rea) Punishment and the Mentally Ill U.S. v. Freeman (1966) Utilitarian o Rehabilitation: change the mindset of the person so that they will not want to commit the crime again o Deterrence: Punish so the criminal (and others) will not want to commit crime again o Incapacitation: Physical removal from society Retributive o Punish because criminal deserves to be punished The M’Naghten Rule (1843)
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