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FORENSIC PSYCHIATRY CRIMINAL

FORENSIC PSYCHIATRY CRIMINAL . 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. COMPETENCY TO STAND TRIAL US v. DUSKY.

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FORENSIC PSYCHIATRY CRIMINAL

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  1. FORENSIC PSYCHIATRY CRIMINAL

  2. 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

  3. 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

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

  5. HISTORICAL DEFINITIONS • WILD BEAST • M’NAUGHTEN • IRRESISTIBLE IMPULSE • BRAWNER (ALI) • DURHAM • FEDERAL • GUILTY BUT MENTALLY ILL

  6. OTHER MENTAL DEFENSES • EXTREME EMOTIONAL DURESS • DIMINSHED CAPACITY • INTOXICATION • COERCED CONFESSION

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

  8. ALWAYS ASSESS MALINGERING

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