Background
THE THEORY BEHIND THE INSANITY DEFENSE IS THAT A PERSON WHO IS INSANE LACKS THE _______ REQUIRED TO PERFORM A CRIMINAL ACT.
intent
What happens after someone is found NGRI
They go to the state hospital
What types of tx do pts receive at the State Hospital:
•Medication management
•Therapy
•Life skills
________ is a legal standard, not a clinical one,
Mens rea
What happens when experts disagree
One says NGRI and one says no:
The court can ask for a third opinion: The court often appoints an independent or "neutral" third evaluator to break the tie.
Because expert opinions are treated as evidence rather than absolute fact, the ultimate decision falls to the judge or the jury.
true
What is the main focus/question for psychologists conducting NGRI assessments?
Focus: Mental state at the time of the offense
Main Question: Did a mental illness impair the defendant's ability to understand the nature of the act or to distinguish right from wrong
Subtanuce use
Name some of the things the court considers when considering conditional release
•Whether the Pt would benefit from outpatient status,
•Whether appropriate supervision and treatment can be offered in the community, and
Whether they would be a danger to the health and safety of others
Most crimes require the prosecution to prove two things:
Just get one right (hint- latin):
Mens rea
Actus rea
How common is NGRI?
Raised in less than 1% of felony convictions, with success being approximately about 25% of cases
•Recent behavior
•Psychiatric medications
•Insight
•Treatment progress
•Social Factors
California's Insanity Defense follows the standard established by the _________.
M'Naghten rule
What information do you need to collect when assessing for NGRI?
hint: you can name a couple of specific collateral reports
•Know the law in your jurisdiction
•A detailed interview with the defendant and sometimes multiple interviews are necessary – must do a detailed mental status at time of crime and currently
⚬Use of sound assessment instruments
⚬Use third-party information – credulously
•Collateral reports
•Witness statements
•Victim statements
•Police reports
•Records of past medical and mental health treatment
•Other records – autopsies, etc.
True or false:
An NGRI verdict is technically an acquittal, not a conviction. The person is not considered guilty of the charged offense, and the verdict does not appear as a criminal conviction on their record.
True