Unformatted text preview: harges Understand purpose and nature of trial Help own defense Jackson v Indiana 1972 IST can’t be held beyond a reasonable time to see if they become competent Dusky v US 1960 Defense needs to be competent What if IST? Just release? Future crimes? If IQ=50, not going to get smarter Lock up forever? For maximum sentence if guilty? Don’t lock up at all? Most states, 6 mo then reevaluate Then trial, release, or involuntary commitment ABA Proposal Provisional trial. If not guilty, release. If guilty, special confinement Problem with this? Evaluating Competence About 70% found competent Competency Screening Test (CST)22 item sentence completion Competency Assessment Instrument (CAI) structured interview on 13 functions relevant to trial Interdisciplinary Fitness Interviewsemi structured interview/5 legal areas/11 psychpath symptoms Can we force someone to take Can meds to become competent? meds Yes Can go off meds in trial Kids and competence to testify Kids and Miranda rights Fare v. Michael C. (1979) SC “totality approach” Grisso – studied comprehension of Miranda
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- Spring '11
- Psychology, Insanity defense, Insanity Defense Insanity