psych 321 exam 3 questions with correct answers
Legal Competence Correct Answer-whether an individual has sufficient
present ability to perform necessary personal or legal functions
competency to plead guilty Correct Answer-a guilty plea must be
knowing, voluntary, and intelligent (johnson v zerbst 1938 supreme
court)
t/f case law suggests that competency to stand trial = competency to
plead guilty Correct Answer-true, godinez v morn 1993
types of legal competence (4) ? Correct Answer-1. waive miranda rights
(attorney)
2 confess,
3 make treatment decisions,
4 agree upon will or contract
5. to plead guilty
6. competence for execution
Dusky v U.S (1960) Correct Answer-addresses defendants psych state at
the time of the trial not when you commited the crime
- pre trial psych eval said he suffered from schizophrenia so couldnt
assist concil was paranoid of lawyers and wouldnt talk to them
- He was convicted and senteced to 45 years even tho he was impaired
, - Asked to overturn case and went to supreme court and ruled
competency standard was too low
- Was medicated and retried and got a lesser sentence
Dusky Standard Correct Answer-Present ability to consult with one's
attorney with a reasonable degree of understanding and a rational and
factual understanding of proceedings against him necessary to prove
competence
adjudicative competence Correct Answer-1. Foundational competence
can assist lawyers in defending you
2. Capacity to make informed independent decisions
Functional standard: capable of engaging in functions of competent
person
Scott Panetti Correct Answer-iron horse
evaluated not competent but judge decided to put him on trial
represented self
difference between competency as a legal, vs. psychological, concept
Correct Answer-
evaluation and the role of an expert in determining competency Correct
Answer-
Legal Competence Correct Answer-whether an individual has sufficient
present ability to perform necessary personal or legal functions
competency to plead guilty Correct Answer-a guilty plea must be
knowing, voluntary, and intelligent (johnson v zerbst 1938 supreme
court)
t/f case law suggests that competency to stand trial = competency to
plead guilty Correct Answer-true, godinez v morn 1993
types of legal competence (4) ? Correct Answer-1. waive miranda rights
(attorney)
2 confess,
3 make treatment decisions,
4 agree upon will or contract
5. to plead guilty
6. competence for execution
Dusky v U.S (1960) Correct Answer-addresses defendants psych state at
the time of the trial not when you commited the crime
- pre trial psych eval said he suffered from schizophrenia so couldnt
assist concil was paranoid of lawyers and wouldnt talk to them
- He was convicted and senteced to 45 years even tho he was impaired
, - Asked to overturn case and went to supreme court and ruled
competency standard was too low
- Was medicated and retried and got a lesser sentence
Dusky Standard Correct Answer-Present ability to consult with one's
attorney with a reasonable degree of understanding and a rational and
factual understanding of proceedings against him necessary to prove
competence
adjudicative competence Correct Answer-1. Foundational competence
can assist lawyers in defending you
2. Capacity to make informed independent decisions
Functional standard: capable of engaging in functions of competent
person
Scott Panetti Correct Answer-iron horse
evaluated not competent but judge decided to put him on trial
represented self
difference between competency as a legal, vs. psychological, concept
Correct Answer-
evaluation and the role of an expert in determining competency Correct
Answer-
