Summary Forensic Psychology Chapter 2 Psychology and law

Psychology and law
Relationship between law and psychology

Different disciplines solving problems in different ways




(Un)accountability

• Competency to stand trial (time of trial)
o Present ability to consult a lawyer with rational understanding
o Rational understanding of the proceedings
o Don’t meet criteria: evaluation for the ability to stand trial
o Mental state at the time of the trial, NOT at the time of the offense
o Court cannot proceed, unless the defendant is competent to stand trial
• Insanity defense (time of offense)
o If mental state made it impossible to control behavior or influenced behavior at the
time of the crime
 →Acquittance or internment
o ‘Insanity defense’ (US Law, code § 17)
 (...) defendant is not responsible for his or her actions due to an episodic or
persistent psychiatric disease at the time of the criminal act.
o No control and no criminal intent
o Burden of proof – The defendant has the burden of proving the defence of insanity
by clear and convincing evidence.
o Difference legal insanity vs medical insanity
 Legal: only insane at the moment of the offense
 Medical: suffering from a condition vb. schizofrenie




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