Criminal Psychology
Chapter 5
Insanity and Competency
Talbot
Kellogg Community College
Insanity
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Insanity is a legal term.
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To be determined by the triers of truth.
The legal definition may vary from
jurisdiction to jurisdiction.
An assessment for insanity attempts to
evaluate the person’s mental state at the
time of the offense.
Insanity v. Psychosis
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Psychosis – A lack of contact with reality. It
may include both hallucinations and delusions.
Can one be psychotic and not insane?
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John Hinckley, 1981
Theodore Kaczynski, 1998
John Salvi. 1996
Mens Rea (Guilty Mind)
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Guilt requires not only an illegal act but also the
state of mind reflecting one’s awareness of the act’s
implications.
NGRI
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M’Naghten Rule (Cognitive Test of Insanity)
1.
2.
3.
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The defendant was suffering from a defect of
reason from a disease of the mind.
As a result, the defendant did not know the
nature and quality of the act he was doing.
As a result, the defendant did not know that
what he was doing was wrong.
Problems
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The volitional aspect of insanity. “I knew it was
wrong, but God told me to do it so I had to!”
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Irresistible Impulse Exemption.
NGRI
Results of an NGRI determination.
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Psychiatric hospital
Jail
Prison
Length of incarceration or admission?
NGRI
Results of an NGRI determination.
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Psychiatric hospital
Jail
Prison
Length of incarceration or admission?
NGRI
Results of an NGRI determination.
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Psychiatric hospital
Jail
Prison
Length of incarceration or admission?
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As long as they, in the judgment of the
courts, believe the person continues to
display the presence of serious psychiatric
disorders.
Guilty But Mentally ILL (GBMI)
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Indicates the presence of mental illness
and the presence of mens rea.
Unlike NGRI (a defense), GBMI is a
verdict.
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How might this occur?
The results of such a verdict?
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Hospital
Prison Hospital
Prison
Case Example
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An individual with schizophrenia is currently receiving
both psychiatric and intensive outpatient social
psychological treatment. In addition, he is living in an
Adult Foster Care home. Although demonstrating no
positive symptoms of the illness, he does exhibit
negative symptoms.
Crime: The individual walks into a convenience store
near the AFC. He holds his finger in his coat and
points it at the young girl stating, “I need you to give
me a carton of cigarettes.” The counter girl asks if he
is going to pay for them and making the finger in his
coat pocket more obvious, asks “I do not need to pay
for them, do I?” The clerk answers “no” and the man
leaves.
Assessing Sanity
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Concerns for the Psychologist
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The other side is likely to have their own experts (outside of states
like Michigan).
In some jurisdictions, the expert witness cannot provide specific
opinions on that specific case and can only answer general questions.
Believing that if a behavior is atypical, it must be pathological.
(Jeffrey Dahmer)
Jeffrey Dahmer (1992)
http://www.youtube.com/watch?v=9N4E8OIgnIA
http://www.youtube.com/watch?v=Wc4rlaSl2DY
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Killed and dismembered at least 17 young men
over a 10 year period.
Some bodies cannibalized/ dismembered and
some were mummified in order to remain
companions.
Use of alcohol prior to murders.
At times, years between murders.
6 expert witnesses.
“If this isn’t mental illness,
I don’t know what is.” Dr. Fred S. Berlin
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Assessing Sanity
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Concerns for the Psychologist
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The other side is likely to have their own experts (outside of states
like Michigan).
In some jurisdictions, the expert witness cannot provide specific
opinions on that specific case and can only answer general questions.
Believing that if a behavior is atypical, it must be pathological.
(Jeffrey Dahmer)
Likely to face a stiff and critical cross-examination.
The length of time since the offense occurred.
Personal Biases.
Limiting themselves to the boundaries of their license.
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Ultimate issue or Ultimate opinion testimony
Federal Rule of Evidence 704(b)
No expert witness testifying with respect to the mental state of condition of
the defendant in a criminal case may state an opinion or inference as to
whether the defendant did or did not have the mental state or condition
constituting an element of the crime charged or of the defense thereto.
Such ultimate issues are matters for the trier of the fact alone.
Ultimate Issue
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The final question which must be
determined by the court.
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Guilt v. innocence.
Sanity v. insanity.
Assessing Sanity
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Concerns for the Psychologist
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The other side is likely to have their own experts (outside of states
like Michigan).
In some jurisdictions, the expert witness cannot provide specific
opinions on that specific case and can only answer general questions.
Believing that if a behavior is atypical, it must be pathological.
(Jeffrey Dahmer)
Likely to face a stiff and critical cross-examination.
The length of time since the offense occurred.
Personal Biases.
Limiting themselves to the boundaries of their license.
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Ultimate issue or Ultimate opinion testimony
Federal Rule of Evidence 704(b)
No expert witness testifying with respect to the mental state of condition of
the defendant in a criminal case may state an opinion or inference as to
whether the defendant did or did not have the mental state or condition
constituting an element of the crime charged or of the defense thereto.
Such ultimate issues are matters for the trier of the fact alone.
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Malinguering
Malingering
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DSM – IV – TR
This term applies to individuals who
intentionally pretend to have symptoms of
mental or physical illness to achieve
financial or other gain or to avoid criminal
conviction or unwanted duty. They may
also malinger to facilitate escape from
captivity or incarceration.
Malingering
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At arrest or commission of the crime.
Influence the issue of competency.
Influence the issue of sanity.
Influence the issue of
environment/holding.
Influence the issue of sentencing.
Assessing Competency
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A person’s ability to understand the
court’s proceedings, the nature of the
charges against them & their ability to
assist in their own defense.
Competency to plead guilty.
Competency to stand trial.
Use of competency screening tests.
CST, Competency Assessment
Instrument, Georgia Court Competency
Test (GCCT), CAST - MR.
Competency Screening Test
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When I go to court the lawyer will…
The way a court trial is decided…
When they say a man is innocent until proven
guilty…
When I think of being sent to prison, I …
Scored 2 pts (competent), 1 pt (marginally
competent, O pts (not competent).
Score below 20 indicates the need of a more
comprehensive evaluation.
Assessing Competency
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A person’s ability to understand the
court’s proceedings, the nature of the
charges against them & their ability to
assist in their own defense.
Competency to plead guilty.
Competency to stand trial.
Use of competency screening tests.
CST, Competency Assessment
Instrument, Georgia Court Competency
Test (GCCT), CAST - MR.
Mental Retardation
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DSM – IV – TR criteria for MR.
A. Significantly subaverage intellectual functioning: an IQ of approximately 70 or
below on an individually administered IQ test (for infants, a clinical judgment of
significantly subaverage intellectual functioning).
B. Concurrent deficits or impairments in present adaptive functioning (i.e., the
person's effectiveness in meeting the standards expected for his or her age by his or
her cultural group) in at least two of the following areas: communication, self-care,
home living, social/interpersonal skills, use of community resources, self-direction,
functional academic skills, work, leisure, health, and safety.
C. The onset is before age 18 years.
Code based on degree of severity reflecting level of intellectual impairment:
317 Mild Mental Retardation: IQ level 50-55 to approximately 70
318.0 Moderate Mental Retardation: IQ level 35-40 to 50-55
318.1 Severe Mental Retardation: IQ level 20-25 to 35-40
318.2 Profound Mental Retardation: IQ level below 20 or 25 319 Mental
Retardation, Severity Unspecified: when there is strong presumption of Mental
Retardation but the person's intelligence is untestable by standard tests