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Unformatted text preview: Chapter 8: forensic assessment in criminal and juvenile cases 2011 Competence to refuse the insanity defense Can defendant refuse to plead insanity Being too crazy to admit to being crazy Competence to be executed- incompetent people cannot be executed (8 th amendment); due to ban against cruel and unusual punishment. [Ford v. Wainwright (1986)]. 15 and younger sig.fig. impaired in ways that compromised their abilities to function as competent adults. Differing definitions of insanity are held by different jurisdictions. Idaho, Kansas, Montana, n. Dakota, and Utah have abolished the insanity defense. Few instruments are specifically designed to assess insanity. The MNaghten rule excuses criminal conduct if the defendant, as a result of a mind disease Did not know what he was doing or didnt realize the actions were wrong. this rule is used in 28 states. BRAWNER RULE : states that a defendant is not responsible for criminal conduct if he, at the timeof such conduct as a result of mental disease or defect, [lacks] substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct...
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- Spring '08