PSYCH 2650 Lecture Notes - Lecture 19: Malingering, Insanity Defense, Actus Reus
16 Dec 2016
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Difference between competency and other mental states. Adjudicative competency: or competency to stand trial: refers to the ability to prepare and assist in defense at the time of the trial. Dusk v. us (1960): has sufficient present ability to consult with lawyer, understands the charges. Competency and insanity are often equated with psychosis and each other. Judge decides whether to order competency evaluation: if granted, court commits defendant to institution or out-patient facility for evaluation. Like andrea yates, most defendants are found competent to stand trial. Virtually all defendants found incompetent are returned to court as competent. Insanity, diminished responsibility: trial defenses that involve the defendant"s state of mind at the time of the crime. Mental disease or mental defect: required in all insanity defense rules. Cognitive component: inability to appreciate/understand the wrongfulness of conduct. M"naghten rule: mental disease + inability to know the nature of the act or the criminal act was wrong (aka the right/wrong test )
