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Psychologists screen for mental illnesses during:
arrest (pretrial)
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Psychologists evaluate competency and plea options during:
arraignment and plea (pretrial)
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Psychologists serve as trial consultants and aid in jury selection during:
trial
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Allows a lawyer to reject a potential juror without stating a reason
peremptory challenge
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A specific reason for removing individual from juror pool is offered
challenge for cause
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Psychologist may offer opinions on rehab strategies during this stage
disposition (sentencing)
-
things that should lead someone to have a lesser sentence
mitigating factors
-
things that should lead someone to have a greater sentence
aggravating factors
-
social history of the offender; psychologists may add to it
presentencing investigation report
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Document filed by interested parties who did not
participate directly in the trial but either have a stake in the outcome or have research knowledge to offer the appellate court
Amicus curiae (friend of the court) briefs
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psychologists always have _____ as a client, regardless of other activities
society
-
"to say the truth"
voir dire
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Jurors tend to ______ their ability to be fair and impartial
overrate
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The more a juror knows, the more likely they are to assume:
guilty/convict
-
Provide info that is beyond the knowledge of the lay person
expert witness
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Evidence gathered using techniques that had reached “general acceptance”; felt to be too stringent
Frye v. US, 1923
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Federal Rules of Evidence, Rule 702 (admissibility of evidence)
Assist the trier of fact; Based on sufficient facts or data; Product of reliable principles and methods; Witness has applied the principles and methods reliably to the facts of the case
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Daubert v. Merrill Dow Pharmaceuticals Inc., 1993
makes judge gatekeeper; Theory/technique must be falsifiable, refutable, and testable; Subject to peer review and publication; Known or potential rate of error of the scientific technique justifies use; Degree of acceptance by the scientific community
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Daubert applied to the _____ the expert used to form opinion
procedures (not the opinion itself)
-
General Electric Co. v. Joiner, 1997
Appeals of admissibility must be based on abuse of discretion standard by the judge
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Kumho Tire Co. v. Carmichael, 1999
- Upholds Daubert for ALL expert testimony, including
- non-scientific; includes clinician and psychological testing
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When clinicians evaluate a defendent, the clinician's client is ______
the court, not the individual being examined
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When it is not evaluation, but rather psychotherapy
or treatment, all courts recognize the _____ , although it is not absolute
patient-therapist privilege
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Ensures due process
14th amendment
-
Ake v. Oklahoma 1985
Indigent defendants must have access to psychiatric expertise
-
speedy and public trial
6th amendment
-
Youtsey v. US 1899
- tied competency to Constitution (6th amendment); person must be capable of participating in the
- process
-
Dusky v. US, 1959
Sufficient present ability to consult with attorney (reasonable degree of rational understanding); Rational and factual understanding of the proceedings against him; Cognitive and interpersonal
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Competency to stand trial is also called...
adjudicative competence
-
_____ is not a bar to competency
amnesia
-
Elements of competency to stand trial
- Understand charges against you, including penalties
- and consequences; Understand court personnel and procedures (that it’s adversarial); Be able to work with defense attorney (mount a “reasonable and rational” defense; capacity, not willingness)
-
Standard of proof for competency, as established by the Supreme Court
preponderance of the evidence (51%)
-
Some states used to use this standard of proof for competency
clear and convincing evidence (75%)
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When the ______ requests and pays for the competency evaluation, the client is the person being examined and the report goes to his or her representative, the defense attorney
defense
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When the competency evaluation is court order, even if ordered at the request of the defense attorney, the client is ____ . Shared among all parties.
the court
-
The ____ generally asks for the competency evaluation, most vested interest and first person to speak with defendant
defense attorney
-
Pate v. Robinson, 1966
Allows for trial judge to request evaluation
-
Drope v. Missouri, 1975
Responsibility expanded to all parties to request competency evaluation, including prosecution, if there is “bona fide doubt”
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If a person is found incompetent to stand trial, they are...
Committed to hospital for restoration of competency
-
Jackson v. Indiana, 1972
If not able to regain competency, must follow rules of civil commitment or be released
-
In NC, statues may consider dropping charges if incompetent more than...
ten years
-
___% of defendants referred for competency evaluations are ultimately found incompetent
15-20
-
Majority of persons found incompetent are suffering from...
schizophrenia or psychotic symptoms
-
Russell Weston
Shot and killed two capital police officers; Refused meds; In 2001, court ruled that the government’s interest in bringing him to trial overrode his right to refuse medication; Supreme Court refused to hear case
-
Sell v. US, 2003
Sell found incompetent, refused to take meds; Court approved forced meds to restore him to competency; Supreme Court sent case back for further inquiry; Federal facilities must now have a Sell hearing before giving forced medication to inmates found incapable to proceed; 2004, found competent
-
Other competencies
make or execute will, waive Miranda rights, waive counsel, stand trial, testify, serve as a juror, make decisions (financies, medical, person), be executed
-
Godinez v. Moran, 1993
All competencies have equal standards; Not a higher bar to plead guilty than to plead not guilty; Conflict-assessment is often relative to the task
-
Insanity is a ____ state
retrospective
-
guilty act; the behaviors necessary to commit the crime
actus reus
-
guilty mind; the intent to commit the crime
mens rea
-
standard of proof for insanity
clear and convincing evidence
-
____ are more sympathetic to the insanity defense than ____
judges; juries
-
M'Naughton's rules
defendent is presumed sane; prove "defect of reason, from disease of the mind" such that the person does not know nature, quality, or wrongfulness of their actions
-
Whalem v. US 1965
duty of court to impose insanity defense if likely to succeed
-
Frendak v. US, 1965
defendent can waive insanity defense as long as he or she is competent
-
This act changed the burden of proof for the insanity defense from beyond a reasonable doubt to clear and convincing evidence
Insanity Defense Reform Act
-
This verdict reconciles the belief that the defendant "did it" with their belief that he or she "needs help"; applies to those who have been found guilty
guilty but mentally ill
-
Tarasoff, 1976
Court found therapist negligent; Had duty to warn potential victim; only when imminent threats are made about specific people
-
Almonte v. NY Med College 1994
Should report even when there is not specific person threatened
-
Garner v. Stone, 1973
Therapist was liable because breaching confidentiality had led to psychological damage
-
In re Lifschutz 1970
Client owns privilege; If defendant raises his mental state voluntarily, waives their right to confidentiality
-
Lake v. Cameron 1966
right to "least restrictive alternative" when it comes to treatment
-
Wyatt v. Stickney 1971
Defined minimal standard of care: appropriate patient-to-staff ratios, active therapeutic treatment, individualized treatment planning
-
Big player in inforcing rights to treatment
Department of Justice, Civil Rights of Institutionalized Persons Act (CRIPA)
-
Rennie v. Klein 1978
Upheld patient's rights to refuse treatment, but also provided criteria for overruling
-
intentional production/exxageration of symptoms
malingering
-
possible external incentives for malingering
avoid legal consequences, avoid military duty, obtain financial gain, obtain drugs, admission/continued stay in psychiatric hospital
-
Suspect is malingering if...
rational, nonpsychotic motive for crime, suspicious delusions or hallucinations, current crime fits pattern of behavior, absence of signs of psychosis, sudden irresistible impulse, presence of partners
-
Commonly malingered disorders...
psychosis, memory deficits/amnesia, PTSD, suicidality
-
Clues to malingered psychosis in terms of hallucinations:
visual or visual+auditory, reported continuous, expect others to share, no outward signs
-
Clues to malingered psychosis
hallucinations (see notes), vague strategies for coping, delusions, inconsistency
-
during malingering, approximate/incorrect answers to easy questions
Ganser's syndrome
-
Specific tests for malingering
Rey 15-item test; Structured Interview of Reported Symptoms; Validity Indicator Profile; Test of Memory Malingering
-
theories of malingering:
malingerers are bad; malingerers are sick; malingerers are normal
-
Clues to malingering of PTSD
need actual trauma that history supports; need observational confirmation of symptoms (avoidance, hypervigilance, difficulty sleeping)
-
Clues to malingering of suicidality
lack of plan; lack of history of attempts; obvious gain to hospitalization; inconsistent/contrary behavior
-
____ is probably the most diffiult to prove malingering
suicidality
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