FORENSIC PSYCHIATRY CRIMINAL

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FORENSIC PSYCHIATRY CRIMINAL
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CRIME

• FELONIES MISDEMEANORS
• ACTUS REUS
• VOLUNTARY
• CONSCIOUS
• MENS REA
• INTEND ACT
• INTEND CONSEQUENCES
• ACTED WITH MALICE AFORETHOUGHT
• EXPRESS OR IMPLIED INTENT TO KILL
• ACTED WITH KNOWING OR RECKLESS DISREGARD

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COMPETENCY TO STAND TRIAL US v. DUSKY

• RATIONAL AS WELL AS FACTUAL UNDERSTANDING OF
  PROCEEDINGS
• ABILITY TO CONSULT COUNSEL WITH REASONABLE DEGREE
  OF RATIONAL UNDERSTANDING

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INSANITY

• JURIES FEAR MENTALLY ILL WHO COMMIT CRIMES
• RARELY SUCCESSFUL
• IF SUCCESSFUL, SPEND MORE YEARS IN HOSPITAL THAN
  IN PRISON

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HISTORICAL DEFINITIONS

• WILD BEAST
• MNAUGHTEN
• IRRESISTIBLE IMPULSE
• BRAWNER (ALI)
• DURHAM
• FEDERAL
• GUILTY BUT MENTALLY ILL

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OTHER MENTAL DEFENSES

• EXTREME EMOTIONAL DURESS
• DIMINSHED CAPACITY
• INTOXICATION
• COERCED CONFESSION

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CONSEQUENCES

• COERCED CONFESSION
• INCOMPETENCE TO STAND TRIAL
• NOT GUILTY BY REASON OF INSANITY
• EVIDENCE OF AGGRAVATION OR MITIGATION IN DEATH
  CASES

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ALWAYS ASSESS MALINGERING