Forensic psychology exam 3 questions and answers

Forensic psychology exam 3 Competency to stand trial - Most common, 60,000 done anually competence - Whether an individual has sufficient present ability, to meaningly participate in and preform necessary personal and legal functions Criminal competence - Ability to waive Miranda rights, to confess, to be executed Civil Competence - Ability to make treatment decisions, to execute will or contract, to take care of ones self or ones finances Dusky v. United States (1960) - - Milton Dusky (33) mentally ill. Charged with kidnapping and transporting from Missouri to KS 15 yr old Alison McQuery across state lines. - Alison thought was getting ride to friends house. Two boys who were friends with his son came with as well. Two boys raped her. -Had schizophrenia. found at CST evaluation -He was found competent, guilty, and sentenced to 45 yrs in prison. -appealed his case to supreme court, who found him incompetent Dusky Standard (CST guidelines) - Whether the defendant has: 1. Sufficient present *ability to consult with his attorney* with a reasonable degree of rational understanding. 2. A rational as well as factual *understanding of proceedings against him.* Functional Elements of CST - 1) Understand their current legal situation 2) Understand the charges against them 3) understand pleas available 4) understand possible penalties if they are convicted 5) understand the roles of the judge, defense counsel, and prosecutor 6) Trust and communicate with defense counsel 7) Help locate witnesses 8) aid in developing strategy for cross-examining witnesses 9) act appropriately during trial 10) make appropriate decisions about trial strategy Difficult to meet Dusky standard? - 2/3 of people with mental illness still found competent Burden of proof of competence - Competency is presumed, defense must prove