by Jessica Crooks https://padlet.com/jcrooks421/fiolpqclo466 en-us 2014-09-05 17:18:12 UTC 2019-12-10 14:27:16 UTC hello@padlet.com Competency To Stand Trial https://padlet.com/jcrooks421/fiolpqclo466/wish/421632909 Mental state during the time leading up to the trial and enables the defendant to participate in their own defense. 

  • understand the proceedings that will take place
  • understand the facts in the case and the legal options available,
  • consult with his or her “lawyer with a reasonable degree of rational understanding”
until recently it was "all or nothing" however if a person is not competent, then they are referred to mental health treatment.
]]> 2019-12-09 15:05:13 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421632909 Durham Test https://padlet.com/jcrooks421/fiolpqclo466/wish/421632996 - A person is considered insane if an irresistible impulse to perform criminal behavior was due to a mental defect or disorder present at the time of the crime. 
- The Durham Rule proved vague and different to apply, however, many were concerned that the broad definition would exonerate far more defendants than ever before. ]]> 2019-12-09 15:05:23 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421632996 https://padlet.com/jcrooks421/fiolpqclo466/wish/421633216 Diminished Capacity
A person may have a diminished capacity to conform to the law or to be less able to understand what is right or wrong because of a severe mental defect or disorder. With this defense, the person is still considered guilty but has a lesser sentence and is charged with a lesser crime or receives a modified form of punishment. ]]> 2019-12-09 15:05:46 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421633216 Guilty but mentally ill (1974) spherbst https://padlet.com/jcrooks421/fiolpqclo466/wish/421633830 defendant is found guilty of the charges but is admitted to a mental hospital rather than imprisonment in order to receive psychiatric treatment
-began after two mentally ill defendants were released and went on to kill another crime]]> 2019-12-09 15:06:41 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421633830 M'Naughten Rule https://padlet.com/jcrooks421/fiolpqclo466/wish/421634723 1843: A defendant shouldn't be be held responsible for his actions if he couldn't tell that his actions were wrong at the time he committed them.]]> 2019-12-09 15:08:10 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421634723 Durham Test https://padlet.com/jcrooks421/fiolpqclo466/wish/421634812 This test was made in favor of a broader, more medically based determination of the mentally ill. The Durham Test was difficult to apply in court and many people are worried it may exonerate more defendants than before. ]]> 2019-12-09 15:08:19 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421634812 Irresistible Impulse Test (1887) https://padlet.com/jcrooks421/fiolpqclo466/wish/421634873 The defendant knew their actions were wrong but couldn't control impulses to commit the crime, so they should not be held criminally responsible.]]> 2019-12-09 15:08:23 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421634873 American Law Institute test https://padlet.com/jcrooks421/fiolpqclo466/wish/421637386 Softened the M'Naughten Rule,  Instead of requiring a defendant to have no understanding whatsoever of the nature of his acts or the difference between right and wrong, the A.L.I. standard requires merely that he lack a "substantial capacity" to understand the right from wrong, and expands the M'Naughten rule to include an "irresistible impulse" component. Excluded defendants with mental illnesses where the only illness is killing of the victims, like a serial killer.]]> 2019-12-09 15:11:51 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421637386 Durham Test: Developed in 1950s https://padlet.com/jcrooks421/fiolpqclo466/wish/421641995 2019-12-09 15:18:15 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421641995 Present Federal Law https://padlet.com/jcrooks421/fiolpqclo466/wish/421643657 Reagan signed the law on October 12, 1984. Made it significantly harder for criminals to avoid guilt by pleading insanity. Insanity defense was not abolished however, the A.L.I test was discarded in favor of a stricter version that resembled the M’Naughten test. to qualify, a defendants mental disease or defect had to be considered “severe”. Additionally, the part of the test that determines whether or not a defendant had the ability to control his or her behavior was eliminated. Congress also made it more difficult to claim a defendant was insane, clear and convincing evidence was required. ]]> 2019-12-09 15:20:26 UTC https://padlet.com/jcrooks421/fiolpqclo466/wish/421643657