Foundations of Forensic Psychology

Myths of Crime and Criminal Justice System

Mental Health Law
mens rea
the intention or knowledge of wrongdoing that constitutes part of a crime,
as opposed to the action or conduct of the accused.
Atkins vs Virgina
atking diet is retarded
still cant kill em for it
killing mentally retards violate constitution
Barefoot v. Estelle
how could dangerous could sweet estelle be?
Ask two psych the likelyness
deterance
the punishment of an offender is
assumed to discourage other potnetial lawbreakers
discretion is where the judge should have free reign
to make the sentence fit the crime and the criminal
Used often
Legal Standards of Insanity
Civil and Criminal Competane. Diminished capacity (unable to function and do tho
se things)( me
mens rea, the insane person lacked the knowledge or wrondingoin of the crime
because he was insane
Civil V Criminal Competence
Civil
Basically things like
Seek medical treatment
sign contracts
execute a will
Criminal
all things couretroom
testify
stand trial
wave rights
etc
Dusky V united states was a case where the defendant has the right to have
competency evaluatoin before proceeding
is that defendnent dusky?

Jackson v Indiana
Bad micheal Jackson! A court violated the defendants due proccess by
comitting him for an indefinite time due to his incompetency to stand tiral
Washington v. Harper (1990)
Harpin on the drugs
A innmate sued he was forced to take medication but the court ruled
that was ok if he was a danger to others
Riggins v nevada
we aint riggin the court, take your drugs
the sup court ruled that the defendant could be forced to take drugs
so that it would make him competent to take trail
Sell v. US (2003)
Lower courts dont be selling drugs
the sup court limited severely lower courts rights to order forced
admin of drugs to make the person stnad trial
O'connor v donaldson
o connon man free!!
You can't confine an individual it he can safely survive in freedom
by himself or with family members
Foucha v. louisiana
louisana ppl are crazy
the court adressed commitment continued of an indivudal who was not gulyt
by insanity
requirements to be commited
yuou must have a mental disorder + danger to eslf others/ or unable to care
clinician is worried more about legal side
attourney has an obligation to clien'ts wishes but also mus consider
clinets wishes vs best interests of client
Tarasoff ruled that mental health professionals had a duty to protect those
threatened with bildy harm by a paiteint
actual risk assessment is based soley on stats and not individualized
you hvae stats backing you up and the court can easliy understande
sadly it is not indiviualized and people are not black and white
Risk asessment is where you check them based on the five principles
nature, sevierty, frequency, imminence and likehood
risk management is highly indiviulaized where you attempt to give

a plan that will help the client be successful and less at risk
for non-desired bheavior