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mental illness
a disorder of the mind that is judged by experts to interfere substantially with a person's ability to cope with life on a daily basis
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mental disorder
does not imply that a person is sick, to be pitied, or even less responsible for his/her actions
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intellectual disability
formerly known as mental retardation - a cognitive deficiency that cannot be cured
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delusions
false beliefs about the world
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Hallucinations
- sensing or perceiving things or events that others do not sense or perceive
- - most common are auditory hallucinations
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delusional disorder
characterized by the presence of one of more nonbizarre delusions that persist for at least one month
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adjudicative competence
relates to the ability to participate in a wide variety of court proceedings and court-related activities
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insanity defense
a legal term referring to a person's state of mind at the time of an offense was committed so serve that the person should not be held responsible
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Standards of Criminal responsibility
- 1. The M'Naghten rule
- 2. the Brawner rule & American law Institute Rule
- 3. Durham Rule
- 4. The Insanity Defense Reform Act (IDRA)
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The M'Naghten rule
a person is not responsible for a criminal act if it was because of some mental disease, and did not know right from wrong at the time of an unlawful act (or did not know what he/she did wrong)
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The Brawner rule & American Law Institute Rule
a person is not responsible for criminal conduct if it was a result of mental disease or defect, he lacks substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law
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Durham rule
assumes that one cannot be held responsible if an unlawful action is the product of mental disease or defect
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The Insanity Defense Reform Act (IDRA)
a person charged with criminal offense should be found NGRI if it is shown that, as a result of mental disease/retardation, he was unable to appreciate the wrongfulness of his conduct at the time of offense
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Posttraumatic Stress Disorder
Development of characteristic symptoms following exposure to one or more traumatic events
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Battered women syndrome
a variant of PTSD, when a woman may claim that the abuse was so extensive that in a dissociative state brought by the disorder, she killed the abuser
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Dissociative Amnesia
cannot recall previously learned information or past events
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duty to protest
therapist need not directly warn the individual, but he/she should take steps to protect the individual from harm
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structured professional judgement (SPJ)
- a combination of clinical and actuarial approaches
- recommends that clinicians abide by established guidelines for conducting an assessment of whether an individual is likely to be violent
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Actuarial approach
measures risk or needs factors in which the individual is evaluated
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Unstructured Clinical
- highly subjective
- based on clinical experience; clinician may have little experience with type of offender
- unknown as to which factors are taken into account
- little support in empirical literature
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Development of risk measures
- 1st generation
- 2nd generation
- 3rd generation
- 4th generation
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1st generation
based on unstructured clinical judgement, with little or no statistical basis
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2nd generation measures
- more standardized method of assessing risk
- uses primarily statistic variables (Ex:// age, gender etc
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3rd generation
- risk assessment instruments introduced criminogenic needs
- to identify needs that could be targeted to reduce risk (ex:// factors that could respond to treatment)
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4th generation instruments
more attuned to the treatment or rehab process
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