Criminal ResponsibilityShould the person who committed the crime be help responsible for the events that took place at the time of the crime?Not to be confused with competencyCompetency: being able to go through the legal process. Understanding what is going on during the legal process and being able to assist in their own defenseResponsibility: taking/being held responsible for the crime committedThere are different legal standards that regulate each State.Criminal 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 committedEscaping PunishmentWhen using the insanity plea, 9/1000 criminal feloniesOnly about 2 will be successfulAcquitted of criminal charges by reason of insanityTypically don’t receive prison time, but instead the person is given a indeterminate period of treatment in a mental health facility until considered no longer a harm to oneself or othersInsanity 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 courtsALI vs. McNaghtenThe ALI test incorporates the emotional and cognitive determinates of criminal actionsThe ALI doesn’t require the offender show a total lack of appreciation for the nature of their conduct but only the lack of substantial capacity or subjective meaningThe ALI includes the cognitive and volitional element, which makes it the defendant’s inability to control their actionsThis is important in the criteria for insanityBurden of ProofWho is essentially responsible for proving to the jury/judge actual insanity?Under ALI: On ProsecutionIt is the responsibility of the prosecution to prove guilt and it used to be the responsibility of the prosecution to prove sanity of a defendant who has pled insanePost-Hinckley: the responsibility relies on the defenseNow it is the responsibility of the defense to prove insanityJohn Hinckley, Jr.Tried under the ALI standard and found to be insane at the time of the crimeCurrently, states use a variation of the McNaghten ruleEx: Texas uses the McNaghten Rule with the Irresistible Impulse TestPutting the burden of proof on the defenseClark vs. Arizona (2006)Lecture 12Outline of Last Lecture I. Components of CompetencyII. How Competency is Assessed III. Types of Competency Outline of Current Lecture IV. Criminal Responsibility a. Competencyb. ResponsibilityV. Criminal Offenses VI. Escaping PunishmentVII. Insanity Standards a. McNaghten Ruleb. American Law Institute VIII. Burden of Proof Current Lecture Criminal Responsibility- Should the person who committed the crime be help responsible for the events that took place at the time of the crime?- Not to be confused with competencyo Competency: being able to go through the legal process. Understanding what is going on during the legal process and being able to assist in their own defenseo Responsibility: taking/being held responsible for the crime committed - There are different legal standards that regulate each State. PSYC 371 1st EditionCriminal Offenses- Must be an illegal act (actus reus) that is accompanied by a guilty mind (mens rea)o Mens rea is doing something bad on purposeo Its hard to say that you lacked mens rea because you didn’t know it was illegal  Difference from “ignorance of law” Criminal negligence  Strict liability- There can be actus reus without mens reao “Guilty act without a guilty mind  ex: forced to commit a crime because you were being black mailed or because a loved one was being held hostage this act can also be committed in self-defense  Ex: being in an abusive relationship and you kill your partner in the middle of an physical argument  Mental Illness  “Insanity”  More of a legal term rather than a psychological term  Some people think that insanity plea is a way to excuse the guilty act that was committed Escaping Punishment- When using the insanity plea, 9/1000 criminal felonieso Only about 2 will be successful- Acquitted of criminal charges by reason of insanity o Typically don’t receive prison time, but instead the person is given a indeterminate period of treatment in a mental health facility until considered no longer a harm to oneself or others  Insanity Standards - McNaghten Rule o Excuses 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 wrong o This rule is currently used in 29 stateso Criticisms  The cognitive focus (knowing wrongfulness)o Solutions: Adding the irresistible Impulse Test  The inability control one’s behavior.. but this could cause a problem because it adds the volitional component - American Law Institute (ALI)/ Brawner Rule/ Model Penal Code o This 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