PSCI 4396 Lecture Notes - Lecture 11: Cognitive Test, Microsoft Onenote
20 Jan 2016
School
Department
Course
Professor
Document Summary
Insanity cases tried in favor of the defendant. The burden is on the defense to show not guilty. As opposed to non affirmative, which is just showing doubt on prosecution"s claims. Control is being able to do or not do something. Frontal lobe disorder often has a lack of control, not understanding. ~1% of all felony cases are like this. ~25% of cases pleading this way result in not guilty. Usually end with the defendant going to a mental institution. Defendants often spend longer in an institution than in prison. Applies if they don"t understand the nature of the consequences of the crime. Interested in if the defendant could control their actions in the situation. 1/3 of states allow this test along with m"naghten. This was the standard in most states up to the 1980s. The defendant lacks a substantial capacity to appreciate the wrongness or conform conduct to the requirements of the law.
