Criminal ResponsibilityCriminal OffensesMust be an illegal act (actus reus) that is accompanied by a guilty mind (mens rea)Mens rea is doing something bad on purposeIts hard to say that you lacked mens rea because you didn’t know it was illegalDifference from “ignorance of law”Criminal negligenceStrict liabilityThere can be actus reus without mens rea“Guilty act without a guilty mindex: forced to commit a crime because you were being black mailed or because a loved one was being held hostagethis act can also be committed in self-defenseEx: being in an abusive relationship and you kill your partner in the middle of an physical argumentMental Illness  “Insanity”More of a legal term rather than a psychological termSome people think that insanity plea is a way to excuse the guilty act that was committedInsanity StandardsMcNaghten Ruleexcuses the criminal conduct if the defendant is considered to be mentally ill or “have a disease of the mind”The person might have said they didn’t know what they were doing or might not have known that what they were doing was wrongThis rule is currently used in 29 statesCriticismsThe cognitive focus (knowing wrongfulness)Solutions:Adding the irresistible Impulse TestThe inability control one’s behavior.. but this could cause a problem because it adds the volitional componentAmerican Law Institute (ALI)/ Brawner Rule/ Model Penal CodeThis rules says that a person isn’t responsible for criminal conduct if “at the time of such conduct is a result of mental illness”This lacks the capacity to appreciate the wrongfulness or conform their conduct to the requirements of the lawThis law is used in 18 states; and a version of this is used in federal courtsTypes of DefensesAffirmativeResponsibility to prove legal insanity is given to the defenseDiminishes criminal culpabilityNegatingDisproves an element of the prosecutions caseResponsibility rests on the prosecution to prove the presence of a requisite elementTemporary InsanitySeen as a partial negating defenseDaniel E. Sickles: the 1st to use temporary insanityTemporary InsanityDiminished Capacity: Mitigating factorWhen someone has metal illness or disturbances that reduces the ability for someone to understand their own actions; they be lessen the severity of their charge or punishmentTwinkie DefenseDiminished capacity was done away with in California after the Dan White murder trial in 1982Personality DisordersCognitive Prongthe person is unable to appreciate or identify the wrongness behind the behaviorVolitional Prongthe person was unable to have the capacity to conform a behavior to be in line with the requirements of the lawIt is understood that traits and behavior do have genetic and neurological underpinningsPotential ProblemsCausation does not equal choiceDeterministic approach“I can’t help what I do, my brain made me do it.”Danger of circular reasoningSolutionsGet rid of the volitional prongInsanity Defense reform Act of 1984Narrows defenses to “severe mental illnessesExclude personality disordersCriminal CompetencyWhen determining the competency to stand trial, the focus of competency is intended on the here and now of sci-I writersIf someone commits a crime and they don’t want to plead guilty, you need to know if they are able to stand trialWe have to care because of the constitutional basis on the 6th & 14th amendments6th amendment: people have the right to be informed of the nature and cause of the accusation, obtain witness in favor, and assists counsel14th amendment: due process; can’t remove privileges if people cant understand what’s going onDusky StandardThis set the standard for what makes someone competent to stand trial.Present ability: your present ability at the time of the trial2 ProngsCapacity to understand:Knowledge and willingness are irrelevant; the person only needs to be able to show that he can learnFunctional ability to participate in the process (being able to work with the attorney)Dusky Standard, 1960 (Reading)Appeals' judgment was reversed, on the ground of the insufficiency of the recordto support the District Court's finding that the accused was mentally competent to stand trial.The courts may not say someone is mentally competent just because they are aware in the present moment and have some recollections of eventsThe test must show whether the person has the ability to consult with their lawyer with a reasonable degree of rational understanding and he must have a rational and factual understanding of the proceedings against himComponents of CompetencyFunctionalWhat the person understands, knows and believesEmphasis on psychological abilitiesBeing able to understand and assist in their own defenseEmphasis on relevant psychological factorsDescribes a persons impairments rather than their psychiatric diagnosisCausalWhy does the explanation matterInteractiveIndividual abilitySituational demandsJudgmentalHow much congruency is enough to be considered incompetent?Cooper vs. Oklahoma (1996)DispositionalDecisions concerning competencies set a disposition in motionTypes of CompetencyStand TrialRefers to the defendant’s capacity to function meaningfully and knowingly in a legal proceeding.Plead guiltyWaive Miranda RightsRequired in order for defendants in police custody to make a confessionSelf-representationRefuse the insanity defenseIf the defendant understands the alternative plea and the consequences that come with it, they should be allowed to refuse the insanity defense.To be executedGuardianshipAdjudicative Competence (Godinez v. Moran, 1993)This case rejected the idea that competence to plead guilty involves a higher standard than competence to stand trialCompetency is typically achieved within 6 months of treatment throughHospitalizationMedicationPsychotherapyPsycho-educationIf competency can’t be restored:Jackson vs. Indiana (1972)Violation of Due ProcessMental Illness and the Legal SystemPsychotic DisordersSymptomsLoss with realityDelusions/hallucinationsDisorganized behavior & thoughtsSchizophreniaThe term was 1st coined by Eugene Bluerer“split mind”; not multiple personalities. Refers to the “fragmented” way of thinking for someoneSymptoms2 typesPositive: symptoms that are present; encompasses unusual thoughts, behaviors and actionsHallucinations: False perceptionsAuditoryTactile (feeling)VisualCommand Hallucinations: form of auditory hallucination where you have a voice telling you to do somethingThis is