Insanity
Known as criminal responsibility
Defendant's state of mind at the time the offense was committed
What is insanity?
Fitness to Stand Trial
Defendant's state of mind at the present time, or at the time of the pretrial proceedings
What is competency?
This 24 year old store clerk was charged with arson, burglary, and murder
He was mentally retarded with an IQ between 65 and 68
Who is Jamie Sullivan?
The right and wrong test
What is the M'Naghten Rule?
Older • Female •Better educated • Single •History of prior hospitalization •Considered extremely disturbed •Unusual crime details
What are things that would make an insane person more likely to work with a defendant.
NGRI
What is Not Guilty by Reason of Insanity?
The judge determines this
True or false?
Sullivan's competency results determined that he was fit to stand trial?
True
27
The number of states that still use the M'Naghten Rule?
True or false?
Insane criminals are more likely to work with jury trials
What is false?
The assumption that mental disorder can rob a person of free will or ability to make appropriate choices
What is NGRI?
File motion to determine competency
Psych examination and report
What is how competency is determined?
This criminal was known as the Capital Shooter
Long history of schizophrenia
Who is Russell Weston?
The product test
What is the Durham Rule?
Percent of defendants who win that go to a mental institution
What is 85%
Actus reus
Mens rea
What are the two elements of a crime?
Fit: Proceed to trial
Unfit: Trial delayed until fit
What are the results of a competency assessment?
What was the result of Weston's competency test?
What is found incompetent to stand trial?
1. Influenced the defendant’s mental or emotional processes
2. Impaired ability to control behavior
What must be demonstrated that disease or mental defect substantially and directly?
The result of the trial in which the insane person spends more time in prison than they would have.
What is lose?
More likely to work with.
Who is the judge?
This treatment of competency may include education and treatment
What is restoration?
The reason why Russell Weston was found unfit for trial.
What is he had trial-related delusional beliefs that interfered with his ability to assist the defense?
This rule determines that one is insane if, as a result of mental disease or defect
What is the Brawner/American Institute Rule?
Insanity defense is built upon these principles for a crime that hinges on one's this of what they are doing.
What are responsibility and awareness?