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40 Cards in this Set
- Front
- Back
What are the purposes of criminal punishment?
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Retribution, Incapacitation, Rehabilitation, and Deterrence
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What is Retribution?
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Punishment is imposed when a person makes a CHOICE that deserves blame because it offends certain shared moral sensibilities; the person owes society a debt which must be paid
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What is criminal responsibility?
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Criminal law assumes “free will,” but the law also assumes that mental disability reduces this capacity, thus making the person less blameworthy and less able to obey the law.
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Duress Defense
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When a person’s unlawful threat causes the defendant to reasonably believe that the only way to avoid imminent death or serious bodily injury to himself or others is to engage in conduct which violates the law, and the defendant acts on the belief
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What is Diminished Capacity?
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Admit to committing crime, but shouldn’t be held responsible because of certain factors.
Mental state at the time of crime Plead down to a lesser crime Extenuating circumstances |
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Battered Woman Syndrome
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Some women who are subjected to abuse by their significant other develop “learned helplessness.” They often believe their batterer is all powerful and are financially and emotionally dependent on them. They often remain with the batterer instead of leaving.
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The Battering Cycle
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1. Tension Building Phase
2. Acute Battering Phase 3. Reconciliation Phase |
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What are mitigating factors?
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Circumstances that lessen the offender’s responsibility:
- Juvenile at the time of the offence - Minor participant in the murder - Defendant believes crime is morally justified |
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What are aggravating factors?
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Circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense.
Examples: Serious bodily harm, Deadly weapon, Kill judge, police officer, Heinous, cruel or vile manner to committing the crime |
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What is the concept of Parens Patriae Commitment?
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Parens Patriae is the power and duties of the STATE in capacity as guardians of person under disabilities to act for themselves
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What is a Conservatorship?
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The delegation, by the state, of authority over one’s estate and financial affairs
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What is a Guardianship?
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The delegation, by the state, of authority over an individual’s person to another person … such as health decisions
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What is the 6th Amendment?
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In all criminal prosecutions, the right to … a speedy and public trial, to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, to have the Assistance of Counsel for defense.
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What is the 8th Amendment?
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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Revolving Door System
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The patient spends their life shuffling back and forth from the hospital to the community. This is usually caused by patients who don’t take their medicine once they are released to the community.
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Concept of Habilitation
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A term used to refer to treatment and education of the developmentally disabled. It is a treatment plan for the developmentally disabled.
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Furman v Georgia
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Outlaws death penalty across nation
U.S. Supreme court outlawed the death penalty because it was (1) arbitrary, (2) discriminatory application |
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Gregg v Georgia
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Reinstated possibility of death penalty
Required a separate trial for sentencing Took away arbitrary factor |
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Kansas v Hendricks
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Case that lead to Sexually Violent Predator Act - which authorizes long-term commitment of a prisoner who has completed his sentence for a serious sexual offense if the person is found to be dangerous due to mental abnormality or personality disorder
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Lessard v Schmidt
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The Court ruled against the commitment law b/c the law permitted commitment without:
Proof of mental illness Proof of dangerousness Procedural changes implemented similar to those seen in criminal court |
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Jackson v Indiana
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Equal Protection Case.
The Court imposed limitations on the duration of treatment to restore competency. If you can’t be restored to your right mind, you need to be sent to civil court and drop criminal charges. |
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Lynch v Baxley
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Alabama Commitment Law –
All elements must be met: - Is the individual mentally ill? - Because of mental illness, does person pose threat to self or others - Recent overt act (60 days) - Treatment is available - Least restrictive alternative |
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O’Conner v Donaldson
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Patient civilly committed for 15 years with no evidence of violence.
Right to Treatment Case that required patients have problem and receive treatment. This case starts the right to treatment movement. |
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Foucha v Louisiana
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The case that determined if what sent you to the hospital (reason of insanity) is effectively treated, then under due process clause, the state does not have the right to hold you at the hospital
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Miranda v Arizona
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A person may not be subjected to custodial interrogation unless he understands and voluntarily waives the right to remain silent and the right to have an attorney present during interrogations
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Dusky v U.S.
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Defined competency to stand trial test:
1. Understanding – the defendant must have some understanding of the criminal proceedings 2. Providing Information – the defendant has ability to consult with counsel in preparing defense |
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Pate v Robinson
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The Supreme Court held that due process clause requires the court to order an inquiry into competency to stand trail anytime ther is a Bona Fide doubt on the issue.
Judge, Defendant, Defense Attorney, and Prosecutor. |
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Ford v Wainwright
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Persons convicted of capital murder and sentenced to death may not be executed unless competent to understand what is happening to them
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Colorado v Connelly
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The Court ruled that in order for a waive of Miranda Rights to be valid, they waiver must have been waived
(1) knowingly, (2) intelligently, and (3) voluntarily. |
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Boykin v Alabama
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A guilty plea is not valid unless the accused understands the nature and consequence of the plea and enters the plea voluntarily
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Youngberg v Romeo
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Case questioning whether respondent, involuntarily committed to a state institution for the mentally retarded, has substantive rights under Due Process Clause to (1) safe conditions of confinement, (2) freedom from bodily restraints, (3) training of “habilitation”
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Wyatt Case
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This is the 1st major class action suit brought to enforce a system-wide Right to Treatment and Habilitation.
It impacted the laws in 34 states. Mandated that state hospital improve conditions |
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Who is Frank Johnson?
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Federal District Judge in Montgomery, AL who oversaw Wyatt v Stickney
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Who is Ricky Wyatt?
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17 year old at Bryce hospital who was not getting better. He was randomly selected by a secretary out of 40 patients. He is the on the prosecution in Wyatt v Stickney – lawyers advocating for right to treatment and habilitation
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Who is Stickney?
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1st commissioner of mental health. He was the main defendant in Wyatt v Stickney case
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Who is Dr. Morton Birnbaum?
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Father of the Right to Treatment
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What are the two elements of every crime?
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Actus Rea - physical crime (action must be a crime)
Mens Rea - mental state or level of intent associated with crime ... level of responsibility |
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In Alabama, Rule 13 says NGI does not apply to whom?
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- repeat criminals
- antisocial conduct - intoxicated |
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Who does the burden of proof fall on in most insanity cases?
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Defendent, NOT the Prosecutor
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What is automatism or Unconscious Defense?
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this defense recognizes that some criminal acts may be committed involuntarily by individuals with a lack of conscious control over their physical behaviors ... sleepwalking, night terrors, epilepsy
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