- to be found guilty of a crime one has to be able to recognize that the act is a crime and then choose to do it.
-easy to determine that someone physically did an act but it is another question if they mentally did the act
Competency: The here and now is the Defendant competent right now to continue the legal process.
Sanity: At the time of the offence was the defendant sane ?
Mens Rea (Guilty Mind)
- Based in the past with the belief that children could not form the intent to commit crimes.
-He did not know what he was doing or its consequences OR
- Although he knew what he was doing and its consequences he did not know it was wrong.
Guilty but Mentally Ill
-Middle ground between guilty and NGRI (not guilty by reason of insanity)
1. Inception: explaining one’s role to the defendant
2. Reconnaissance: review of the defendant’s relevant history
3. Inquiry of mental state: distinction must be made between current mental state and mental state at the time of the offense.
4. Reconciliation and Termination: Convert the information you’ve learned into usable date to the fact finder (judge or jury).
1. Mental state at the time of the offense screening evaluation: a semi structured interview technique used to screen out clearly sane defendants.
a. Historical information
b. Offense information
c. Present mental state
A. No Standard of proof to prove it wrong
B. Dependent upon culture you are in
C. Hard to distinguish between radical belief or organic delusion
- Defendant suffers from a disordered state of mind that prevented him from forming the intent to commit the crime charged.
- assistance in court determining the proper sanction for convicted defendant
A. In adult court an officer makes a recommendation about what the proper sentence in a case may be. Chief goal in adult court is punishment.
A. In juvenile court an officer makes a recommendation about what the proper sentence in a case may be. Chief goal in juvenile court is rehabilitation.
a. Mail in probation- minor offense different country
b. Normal Probation
c. Drug offender probation- drug treatment, rehab, tests
d. Mental health probation – proper housing therapy
e. Sex offender probation
1. Parole early release from a prison sentence with continued supervision.
Florida only has gain time- no monitoring
1. Probation keeps minor criminals out on incarcerator facilities while providing them with the tools not to reoffend
2. Parole makes room in crowded prisons and encourages good behavior while there.
a. Predatory: Violence to obtain a specific goal (ie. Get the wallet)
b. Irritable: Response to pent up anger from an insult (ie. VT shootings)
c. Defensive: Based out of a flight response to fear (ie. Battery from mentally ill)
Predatory- treat reason for the goal- need money- get job training
Irritable: treat loss of control of anger
Defensive: treat the fear
1. Recidivism more likely in younger, non married.
2. Admission of guilt and acceptance of responsibility are important
3. Medical castration
Jimmy ryce statute
Even once a sex defendant has completed their sentence they can still be civilly committed to a “treatment facility” for an indefinite period of time.
How does substance abuse affect probationers and parolees?
1. Dangers in getting the drugs
2. Dangers in the drug trade
3. Personality traits of the drug users
4. The biological effects of drugs on the person
a. Immediate effects
b. Withdrawal Effects
c. Long Term Effects
Assessment of Substance Abuse Defendant
1. Many lie about their dependence
2. Again no standardized test (Michigan alcohol screening test, substance abuse subtle screening test)
1. Punish the behavior
2. Reducing difficulty of Detox
3. Stop benefit from drug
a. Life course persistent: due to mental problem lifelong problems with crime
b. Adolescent- limited offenders: difficult teenager who grow up
c. Low level chronics: start off bad but taper off with infrequent problems
d. Angels: non problem kids
1. Concern that bad kids turn borderline kids worse with peer pressure
2. Multisysgtemic therapy: treat both the social and ecological environment of the child
3. Need to have everyone (parents, clinicians, administrators) on board.
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