Insanity Defense
Lack of moral responsibility and culpability for a crime, therefore, they should not be held fully responsible for their actions
What are the three models of decision-making?
Mathematical model, story model, and newer story model
What is the decision to place someone in a psychiatric facility against their will?
Involuntary civil commitment; criteria: having a mental disorder affecting functioning, danger to self or others
Judges hand down a specific sentence that falls within a prespecified range if a defendent is found guilty of a specific crime
What are two perspectives on the purpose of punishment?
The Deterrence (specific and general) and Retribution perspectives
What stage of deliberation might a hung jury occur?
What are two forms of risk assessment?
Unstructured clinical judgement and actuarial prediction
Preventing crime, reducing sentence length, reducing recidivism, treating mental health and substance abuse, rehabilitation via CBT, probation more effective than prison time for drug, violent, and property offenders.
What is a "mens rea" defense?
"Guilty mind;" diminished capacity; defendant lacks the capacity to posesss the mental state required for the crime
What are three potential methods to improve juries?
Simplify instructions, provide preinstructions, allow just discussion during trial,
Name three risk factors that predict violent behavior
historical markers, dynamic markers, risk-management markers
Three considerations in a sentencing
Seriousness of crime, internal & external causes, controllability and stability,
age, intellegence, education, family relationships, drug addition usually NOT apart of calculation at federal level
What are three tests/standards that shaped the definition of the insanity defense?
Cognitive Test: "irresistible impulse" and "volitional capacity;" Policeman at the elbow test -Durham Standard: product of mental disease/defect -American Law Institute (ALI) standard -Burden of proof -Expert Testimony
What are four influences on jury group dynamics?
What are three potential moral problems with the process of SPV laws?
Double Jeopardy, ex post facto, substantive due process, inaccurate clinical judgement, (overpredection of base-rates)
What is the difference between jail, prisons, parole, and probation?
jail- short term holding cells for before trial, short sentences, violent and nonviolent offenders
prison- hold convicted criminals for long periods of timeparole- releasing inmate from prison under supervision of a parole officer
probation- withholding a prison sentence and releasing criminal under supervision of probation officer