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What is the main function of forensic psychiatry
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Forensic Psychiatry Insanity is the question of one’s state of mind during the commission of the crime. The issue of insanity is tied to the defendant’s behavior before, during, and after the crime(s) and how this behavior illustrates the defendant’s cognitive awareness of social reality, orchestration of planning, and avoidance of apprehension. (Seddon & Pass pg.36) Forensic psychiatry is a division of modern legal medicine. Forensic psychiatry focuses on issues of sanity, competency, medication and treatment. In the 1950s, forensic psychiatry developed the “psychological autopsy.” The psychological autopsy was developed to assist in the investigation of a questionable death. Through this process, authorities attempt to determine if the death was an accident or suicide. (Seddon & Pass pg.38) Investigations into crimes is an in-depth process that involves many steps. Once a suspect or subject has been arrested and charged with a crime(s), there are many steps to determine one’s mental competence. Some crimes, due to their nature or circumstances, may be justified by one being possible insane. Forensic psychiatry is one of the ways the court systems use to determine if one is able to stand trial or if there were uncontrollable behaviors that may have led them to commit the crime(s). …show more content…
For example, the M’Naughten Rule, was established in the 1840s after Daniel M’Naughten attempt to assassinate the prime minister of Britain. The M’Naughten Rule states that in order to establish the defense of insanity it much be proved that at the time of the act the accused suffered from a “defect of reason, from disease of mind,” that was such that he/she did not know the act he was doing or that it was wrong. (Seddon & Pass
A psychological autopsy is an investigative technique, usually employed by psychologists, which is used to determine how death had occurred in equivocal death cases (Fulero & Wrightsman, 2009). This technique is used to try and understand the mindset of the deceased person to help answer certain questions like why did the individual do what they did and why did it occur at that time? The investigator will collect data about the individual, like written correspondence and journ...
Zonana, H. V., Wells, J. A., Getz, M. A., & Buchanan, J. A. (1990). The NGRI Registry: Initial analyses of data collected on Connecticut insanity acquittees: I. Bulletin Of The American Academy Of Psychiatry & The Law, 18(2), 115-128.
... One of the reasons for such controversy surrounding the defense is the diverse morphological wording of insanity pertaining to criminal law and mental health. Due to many discrepancies in the insanity defense, many states have abolished the defense altogether. Furthermore, the states that have abolished the defense have implemented firmer criteria to apply or prove the defense, about one-fourth of the states have established a separate verdict of ‘Guilty but Mentally Ill’. This is used as an alternative (not instead of) the insanity defense,” (Torry and Billick, 2010.)
Costanzo, M., & Krauss, D. (2012). Forensic and Legal Psychology: Psychological Science Applied to Law. New York: Worth Publishers.
Costanzo, M., & Krauss, D. (2012). Forensic and legal psychology: Psychological science applied to law. New York, NY: Worth Publishers.
Much of my skepticism over the insanity defense is how this act of crime has been shifted from a medical condition to coming under legal governance. The word "insane" is now a legal term. A nuerological illness described by doctors and psychiatrists to a jury may explain a person's reason and behavior. It however seldom excuses it. The most widely known rule in...
When someone commits a crime, he or she may use mental illness as a defense. This is called an insanity plea or insanity defense. What the insanity defense does is try to give the alleged perpetrator a fair trial. At least in extreme cases, society agrees with this principle. The problem is where do we draw the line. Under what circumstances is a person considered insane, and when are they not? The trouble with the insanity defense in recent years is the assumption that virtually all criminals have some sort of mental problem. One important point is that the crime itself, no matter how appalling, does not demonstrate insanity. Today, the insanity defense has become a major issue within the legal system. If the defendant is clearly out of touch with reality, the police and district attorney ordinarily agree to bypass the trial and let the defendant enter a mental hospital.
Each state, and the District of Columbia, has its own statute outlining the standard for determining whether a defendant is legally insane, therefore not responsible, at the time the crime is committed.
McGrath, Michael G. "Criminal Profiling: Is There a Role for the Forensic Psychiatrist?." Journal of the American Academy of Psychiatry and the Law 28. (2000): 315-324. Web. 13 Apr 2011.
... or by giving them written tests. Some psychiatrists call mental diseases a myth. The insanity defense would require both a mental disease and a relationship between the illness and the criminal behavior, neither of which could be scientifically proven. Of the criminals both acquitted and convicted using the insanity defense, a good number have shown conclusive evidence of recidivism. Many dangerous persons are allowed to return to the streets and many non-dangerous persons are forced into facilities due to an insanity plea adding further confusion and injustice within both the legal and medical systems. The insanity defense is impossible to maintain on the foundation of rules such as the M'Naghten Rule, and the relationship between law and psychiatry must be reinstated on a more scientific level, based on the neurological work now going on in the brain sciences.
In an article titled, What is Forensic Psychology, Anyway?, John Brigham attempts to explain the beginnings of psychology and law; Forensics Psychology. Brigham explains that, “forensic psychology involves the interaction of psychology and the legal process” (Brigham 274). Brigham further highlights a historical case and the precedent established by the House of Lords through the induction of the McNaughten Rule, which translates, “To establish a defense on the ground of insanity it must be clearly proved that, at the time of committing the act, the party accused was laboring under such defect of reason, from disease of the mind, as not to know nature and quality of the act he was doing, or he did know it, that he did not know he was doing what was wrong” (Finkel, 1988, p21; Brigham p275). Brigham explains that the concept of introducing psychology into the field of law ...
Crime can be described combination between both behavior and mental factors. This will prove incredibly crucial in the definition of crime in relation to mental illness. Many of those that commit crimes are not convicted due to their illness so it is important to note, for the purpose of this analysis, that all illegal activity is considered crime, regardless of conviction (Monahan and Steadman 1983).
In order to pursue my dream as a Forensic Psychologists I am aware that I have to put in a lot of effort and determination in to school. There are various aspects to pursuing my career such as getting good grades, volunteering in police departments, networking, and doing an immense amount of research on my field. The career I chose requires a lot of my time not only as a student but as an adult. What I mean by this is that from now on, my time is devoted in to acquiring skills and changing my persona in order to be better qualified for the my job. Throughout this road map I will talk about what is a Forensic Psychologist, what are the requirements, skills necessary, what I could do with this degree, the personality types that are best suited for this job, and what are the prospects of moving up.
Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime. The definition of abnormal will be reviewed in relationship to each defence. In order to identify how these three defences compare and contrast, it is first important to understand their definition and application. The appropriate defence will be used once the facts of the cases have been distinguished and they meet the legal tests. The legal test of insanity is set out in M’Naghten’s Case: “to establish a defence…of insanity it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong.” To be specific, the defect of reason arises when the defendant is incapable of exercising normal reasoning. The defect of reason requires instability in reasoning rather than a failure to exercise it at a time when exercise of reason is possible. In the case of R v Clarke, the defendant was clinically depressed and in a moment of absent-mindedness, stole items from a supermarket...
The basis of insanity is upon M’Nagten Rules (1843) which set forward the principles of a defence when the “defendant had a defect of reason” or a “disease of the mind” and was not able to understand the nature of the act they did or did not know what they were doing was wrong. These three conditions must be proved for the defence of insanity to become available. Insanity is available for the all cases that require mens rea except for strict liability cases.