Criminal Psychology

1
Criminal Psychology

• Chapter 5
• Insanity and Competency
• Talbot
• Kellogg Community College

2
Insanity

• Insanity is a legal term.
• To be determined by the triers of truth.
• The legal definition may vary from jurisdiction
  to jurisdiction.
• An assessment for insanity attempts to evaluate
  the persons mental state at the time of the
  offense.

3
Insanity v. Psychosis

• Psychosis A lack of contact with reality. It
  may include both hallucinations and delusions.
• Can one be psychotic and not insane?
• John Hinckley, 1981
• Theodore Kaczynski, 1998
• John Salvi. 1996
• Mens Rea (Guilty Mind)
• Guilt requires not only an illegal act but also
  the state of mind reflecting ones awareness of
  the acts implications.

4
NGRI

• MNaghten Rule (Cognitive Test of Insanity)
• The defendant was suffering from a defect of
  reason from a disease of the mind.
• As a result, the defendant did not know the
  nature and quality of the act he was doing.
• As a result, the defendant did not know that what
  he was doing was wrong.
• Problems
• The volitional aspect of insanity. I knew it
  was wrong, but God told me to do it so I had to!
• Irresistible Impulse Exemption.

5
NGRI

• Results of an NGRI determination.
• Psychiatric hospital
• Jail
• Prison
• Length of incarceration or admission?

6
NGRI

• Results of an NGRI determination.
• Psychiatric hospital
• Jail
• Prison
• Length of incarceration or admission?

7
NGRI

• Results of an NGRI determination.
• Psychiatric hospital
• Jail
• Prison
• Length of incarceration or admission?
• As long as they, in the judgment of the courts,
  believe the person continues to display the
  presence of serious psychiatric disorders.

8
Guilty But Mentally ILL (GBMI)

• Indicates the presence of mental illness and the
  presence of mens rea.
• Unlike NGRI (a defense), GBMI is a verdict.
• How might this occur?
• The results of such a verdict?
• Hospital
• Prison Hospital
• Prison

9
Case Example

• An individual with schizophrenia is currently
  receiving both psychiatric and intensive
  outpatient social psychological treatment. In
  addition, he is living in an Adult Foster Care
  home. Although demonstrating no positive
  symptoms of the illness, he does exhibit negative
  symptoms.
• Crime The individual walks into a convenience
  store near the AFC. He holds his finger in his
  coat and points it at the young girl stating, I
  need you to give me a carton of cigarettes. The
  counter girl asks if he is going to pay for them
  and making the finger in his coat pocket more
  obvious, asks I do not need to pay for them, do
  I? The clerk answers no and the man leaves.

10
Assessing Sanity

• Concerns for the Psychologist
• The other side is likely to have their own
  experts (outside of states like Michigan).
• In some jurisdictions, the expert witness cannot
  provide specific opinions on that specific case
  and can only answer general questions.
• Believing that if a behavior is atypical, it must
  be pathological. (Jeffrey Dahmer)

11
Jeffrey Dahmer (1992)http//www.youtube.com/watch
?v9N4E8OIgnIAhttp//www.youtube.com/watch?vWc4r
laSl2DY

• Killed and dismembered at least 17 young men over
  a 10 year period.
• Some bodies cannibalized/ dismembered and some
  were mummified in order to remain companions.
• Use of alcohol prior to murders.
• At times, years between murders.
• 6 expert witnesses.
• If this isnt mental illness,
• I dont know what is. Dr. Fred S. Berlin

12
Assessing Sanity

• Concerns for the Psychologist
• The other side is likely to have their own
  experts (outside of states like Michigan).
• In some jurisdictions, the expert witness cannot
  provide specific opinions on that specific case
  and can only answer general questions.
• Believing that if a behavior is atypical, it must
  be pathological. (Jeffrey Dahmer)
• Likely to face a stiff and critical
  cross-examination.
• The length of time since the offense occurred.
• Personal Biases.
• Limiting themselves to the boundaries of their
  license.
• Ultimate issue or Ultimate opinion testimony
• Federal Rule of Evidence 704(b)
• No expert witness testifying with respect to the
  mental state of condition of the defendant in a
  criminal case may state an opinion or inference
  as to whether the defendant did or did not have
  the mental state or condition constituting an
  element of the crime charged or of the defense
  thereto. Such ultimate issues are matters for
  the trier of the fact alone.

13
Ultimate Issue

• The final question which must be determined by
  the court.
• Guilt v. innocence.
• Sanity v. insanity.

14
Assessing Sanity

• Concerns for the Psychologist
• The other side is likely to have their own
  experts (outside of states like Michigan).
• In some jurisdictions, the expert witness cannot
  provide specific opinions on that specific case
  and can only answer general questions.
• Believing that if a behavior is atypical, it must
  be pathological. (Jeffrey Dahmer)
• Likely to face a stiff and critical
  cross-examination.
• The length of time since the offense occurred.
• Personal Biases.
• Limiting themselves to the boundaries of their
  license.
• Ultimate issue or Ultimate opinion testimony
• Federal Rule of Evidence 704(b)
• No expert witness testifying with respect to the
  mental state of condition of the defendant in a
  criminal case may state an opinion or inference
  as to whether the defendant did or did not have
  the mental state or condition constituting an
  element of the crime charged or of the defense
  thereto. Such ultimate issues are matters for
  the trier of the fact alone.
• Malinguering

15
Malingering

• DSM IV TR
• This term applies to individuals who
  intentionally pretend to have symptoms of mental
  or physical illness to achieve financial or other
  gain or to avoid criminal conviction or unwanted
  duty. They may also malinger to facilitate escape
  from captivity or incarceration.

16
Malingering

• At arrest or commission of the crime.
• Influence the issue of competency.
• Influence the issue of sanity.
• Influence the issue of environment/holding.
• Influence the issue of sentencing.

17
Assessing Competency

• A persons ability to understand the courts
  proceedings, the nature of the charges against
  them their ability to assist in their own
  defense.
• Competency to plead guilty.
• Competency to stand trial.
• Use of competency screening tests.
• CST, Competency Assessment Instrument, Georgia
  Court Competency Test (GCCT), CAST - MR.

18
Competency Screening Test

• When I go to court the lawyer will
• The way a court trial is decided
• When they say a man is innocent until proven
  guilty
• When I think of being sent to prison, I
• Scored 2 pts (competent), 1 pt (marginally
  competent, O pts (not competent).
• Score below 20 indicates the need of a more
  comprehensive evaluation.

19
Assessing Competency

• A persons ability to understand the courts
  proceedings, the nature of the charges against
  them their ability to assist in their own
  defense.
• Competency to plead guilty.
• Competency to stand trial.
• Use of competency screening tests.
• CST, Competency Assessment Instrument, Georgia
  Court Competency Test (GCCT), CAST - MR.

20
Mental Retardation

• DSM IV TR criteria for MR.
• A. Significantly subaverage intellectual
  functioning an IQ of approximately 70 or below
  on an individually administered IQ test (for
  infants, a clinical judgment of significantly
  subaverage intellectual functioning). 
• B. Concurrent deficits or impairments in present
  adaptive functioning (i.e., the person's
  effectiveness in meeting the standards expected
  for his or her age by his or her cultural group)
  in at least two of the following areas
  communication, self-care, home living,
  social/interpersonal skills, use of community
  resources, self-direction, functional academic
  skills, work, leisure, health, and safety. 
• C. The onset is before age 18 years. 
• Code based on degree of severity reflecting level
  of intellectual impairment
• 317 Mild Mental Retardation IQ level 50-55 to
  approximately 70 
• 318.0 Moderate Mental Retardation IQ level 35-40
  to 50-55 
• 318.1 Severe Mental Retardation IQ level 20-25
  to 35-40 
• 318.2 Profound Mental Retardation IQ level below
  20 or 25 319 Mental Retardation, Severity
  Unspecified when there is strong presumption of
  Mental Retardation but the person's intelligence
  is untestable by standard tests