psych 331 NGRI
Terms
undefined, object
copy deck
- NGRI =
- not criminal responsible by reason of mental defifict.
- Vince LI
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decapitated tim mclean on a bus in canada
before event
family beleived he was suffering from paranoid shizophrenia, he made statements about always being watched adn taking sudden, unexplained bus trips to varoius locals, undermployed
no prevous criminal recorfd, had a computor sceince degree
long rambling talks, took random bus trips with no explanation for his absences
post analysis
diagnosed with shizophrenia and sufferng from a major psychotic episode at the time of the event, not capable of understanding his actions were wrong - Li's institutionalization, review boards options
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immediately release into community with no conditions
grant him a conditional discharge
or keep in indefinatley in a secured mental health facility. - Li's factors that to perminant institutionalization
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history of unexplained absence
lack of insight into his mental state.
history of being non complaint with medication
history of dangous behvoir - standard for a insanity defense is
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1) existence of a mental disease
2) caused criminal act. - high profile
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the public overestimates the frequency with which the insanity defenence is invoked
the public guesses 33% of felonies used insanity defences
these succeed more than 1/3 of the time
in reality used in 1 percent
and works 25 % of the time - Cognative prong
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defect result in a incapacity to know or appreciate the criminality or wrongfulness of conduct.
appreciate is broader defination than know - behavoiral prong
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the incapcity to conform conduct to requirement of law
generally refers to the inability to control impluse - Mens Rea
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1) the ability to intend the act
2) inability to appreciate that it is wrong
3) foresee its consequences - McNaughten standard
- created a standard for british law for NGRI
- Durham Vs. US
- judge bazelton " an accused is not criminaly responsible fi his unlawful act was the prodcut of a mental disease of defecit.
- psychological requirements of NGRI
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1) demonstration of the existence of a mental defect
2) linking the defect to criminal act
3) proof defect was operative at the time of the act
4) proof defect caused incapacity to appreciate wrong-fullness of ones actions or to control ones conduct. - American Legal institute
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a person is not responsible for criminal conduct, if at the time of such condcut as a result of a mental disease or defect he lacks substanial capacity to either
1) appreciate the criminality or wrongfulness of his conduct or
2) to conform to the requirements of the law
does not include abnormally manifested only repeated or otherwise antisoical conduct, abnormaily must be more than lawbreaking - Criminal Code of Canada
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no person is criminally responsible for an act commited or an ommision made while suffering from a mental disroder that rendered the person incapable of appreciating the nature and quality of the act or ommision or of knowing that it was wrong
distinctly cognitive.
burden of proof is on the defendant - Hinckley
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tried to assassinate president ronald reagan, was found insane, he claimed he was diong it to get actress jodie fosters attention, deeply unpopular verdict people blamed the impulse control prong of NGRI defence
reform: psych expert now limited clinal evaluation of defendants mental state but cannot say whether defendant is legally sane or not (only in states) - Us insanity reform act of 1984
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Modifies mcnaugten in 2 ways
mental abnormality buse be sever and operant at the tiem of the crime
know becomes appreciate, (broader)
control aspect dropped
- Canada US difference
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in Us psych expert cannot speak 2 link of mental defect with criminal act ie answer the ultimate question
canada can - Hurbert Mullin
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killed 10 people in 1972 -73 in california
had been institionalized in 1969 for shaving his head and buring himself
killing when he started giong of meds
heard the earth was commanding him to kill
said the earth understood when the population was too high he had to kill or there would be a catastrophic earthquake
got the full monty punishment, juries fear that a person will be released from psychatic facility and may still be dangerous.
- imperfect defences
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extreme mental or emtional distrubance
defendant honestly but unreasonably bleives that he or she is in danger and kills. - william fucking Mccotter
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he killed them with a 2 by 4 when started by somone who had an axe
prior relationship
primarly sexual in nature with mrs anderson.
charged with uttering threats delusional
characteristics
he looked real hyper
intermittent contact with men, casual sexual encouters, ashamed.
hospitalized for delsuioanl psychotic behvoir
GAD
MMPI
peak in bizar thinking and obsessivenes
avoidant and dependant personality disorder
paranoid delsuional disorder
verdict
guilty of second degree murder
signifgance of ms anderson
only standing realtionship of mcottters life
it provided a possible exccape from distressing homosexual encouters
Social Contacts
mr mcotter was a loner