Research and Evaluation
Forensic Evaluation
Competence to stand trial. The MacArthur Competence Assessment Tool- Criminal Adjudication is used to assess for competency to stand trial. The tool shows understanding, appreciation, and ability to reason (Acklin, 2012). Bobby showed ability to reason when he explained his life history; and gave example of how parents are to protect you not, hurt you. He understood that the abuse and neglect were not signs of protection from a parent. He realized his parents showed no sign of concern for him or his siblings well being.
Risk of Dangerousness. MMPI-2 and PAI show signs of dangerousness in an individual; if violence is accompanied by mental disorder, examples: schizophrenia and antisocial personality disorder (Sinclair, Antonius, Shiva, Siefert, & Kehl-fie, 2010). Bobby only showed signs of violence when he was in ninth grade; and a few times he considered suicide. He was going through puberty when the volatile behavior was active; and suicide was only a passing thought, but never found worth doing. Bobby is not considered a danger to himself or others in a natural state. When the PTSD is under control and Bobby is no longer abusing drugs and alcohol, he should be able to start a new life a part of society, not just in society.
Insanity. Criminal responsibility or not guilty by reason of insanity can be evaluated through the MMPI-2. The validity scales that show if an individual is responsible by responding; knows the difference between right and wrong; or determines if the individual cannot respond to an incident the individual is accused (Walters, 2011). Bobby was aware of what he was doing, knows right and wrong; but Bobby still suffered from a mental illness. The ...
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...eaver, H., Unell, I., & Aldgate, J. (2011). Children’s Needs - Parenting Capacity: Child abuse, parental mental illness, learning disability, substance misuse, and domestic violence (2nd ed.). Norwich: TSO Information & Publishing Solutions.
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Faries, D. E., Houston, J. P., Sulcs, E. N., & Swindle, R. W. (2012). A cross-validation of the provisional diagnostic instrument (PDI-4). BioMed Central, 13(1), 104. doi:10.1186/1471-2296-13-104
When a person is accused of a crime, it is the responsibility of a judge to deem them competent to stand trial, mentally unstable to at the time of their trial, or not guilty by reason of insanity. This was something that was highly disputed during and after the case of John Salvi. John Salvi was an anti-abortionist of strong Catholic faith who shot and killed two people in attacks at Planned Parenthood clinics.
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
All minority groups experience discrimination which leads to increased levels of stress in those individuals. As the level of stress goes up, so does the risk for several health complications including those related to mental health. Wells, Klap, Koike, and Sherbourne (2001) conducted a study examining the disparities in mental health care among black, Hispanic, and white Americans. Of those Hispanics in the study (n=617), 16.6% of them had a probable mental disorder compared to 13.4% of whites (n=7,299). Hispanics also had a higher incidence of substance abuse problems with 9% of those surveyed meeting criteria compared to 7.6% of whites. Hispanics also had the least reported perceived need for treatment with 10.4% for mental health and only 1.3% for substance abuse. A clinician treating Antonio should keep in mind that he has a higher likelihood of having a mental illness or substance use disorder than a white client as well as the fact that if he does meet the criteria for either, that he probably does not believe he needs
Counselors today face the task of how to appropriately counsel multicultural clients. Being sensitive to cultural variables can be conceptualized as holding a cultural lens to human behavior and making allowances for the possibility of cultural influence. However, to avoid stereotyping, it is important that the clinician recognize the existence of within-group differences as well as the influence of the client’s own personal culture and values (Furman, Negi, Iwamoto, Shukraft, & Gragg, 2009). One’s background is not always black or white and a counselor needs to be able to discern and adjust one’s treatment plan according to their client.
Insanity (legal sense): A person can be declared insane if they are conscious while committing the crime, committing the criminal act voluntarily, and had no intent to inflict harm. A person declared insane lacks rational intent due to a deficit or disorder, which inhibits their rational thinking
Rogler, L. H., D. E. Cortes, et al. (1991). "Acculturation and mental health status among Hispanics. Convergence and new directions for research." Am Psychol 46(6): 585-597.
The criminal justice system takes on a pivotal role in pursuing and preventing crimes in society. When a suspect is caught and then faced with charges for a violent crime, they legally have the right to a fair trial. In order for a criminal proceeding to successfully take place, the defendant must be fully aware of their surroundings, have a basic understanding of court procedures, as well as being capable of defending their one case. Competency to stand trial (CST) is essential for maintaining fairness in the courtroom and producing a just verdict. However, if a defendant is unable to understand legal proceedings due to mental illness or impairment, they must be thoroughly assessed and evaluated before declared incompetent to stand trial. Carrying out a case with a defendant who lacks mental capacity causes numerous issues because the individual is incapable of supplying their lawyers with information regarding their crime or any of the witness testimonies at trial. Lack of comprehensible communication between a defendant and attorney forces an ineffective defense in the case. Mental disturbances in the defendant that may cause disorderly conduct in the court room are considered disruptive and weaken the authority of the legal system. Supreme Court cases that have dealt with competency to stand trial issues over the years have made significant rulings, which have stressed the importance of identifying whether or not a defendant is in fact incompetent.
Mental health care disparities can be rooted in inequalities in access to good providers, differences in insurance coverage, or discrimination by health professionals in the clinical encounter (McGuire & Miranda, 2008). Surely, those who are affected by these disparities are minorities Blacks and Latinos compare to Whites. Due to higher rates of poverty and poor health among United States minorities compared with whites. Moreover, the fact that poverty and poor health are
Health promotion strategies and stigma issues can also be addressed in a culturally competent way. Since mental health services may be unknown to immigrants, there needs to be clarification about what the services are and how they can improve an individual’s health (Kirmayer et al., n.d., as cited in Thomson et al., 2015). Socioeconomic issues can also accompany immigration and lead to added stress on new residents. There is a need for mental
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...
Necessary Behavioral Mental Health intervention does not end at the point first responders have successfully contained the actual crisis. The ongoing need for Behavioral Mental Health services will continue for an extended length of time when a traumatic event such as that depicted in the scenario occur. A copious number of individuals will have ...
The insanity defense pertains that the issue of the concept of insanity which defines the extent to which a person accused of crimes may be alleviated of criminal responsibility by reason of mental disease. “The term insanity routinely attracts widespread public attention that is far out of proportion to the defense’s impact on criminal justice” (Butler,133). The decision of this defense is solely determined by the trial judge and the jury. They determine if a criminal suffers from a mental illness. The final determination of a mental disease is solely on the jury who uses evidence and information drawn from an expert witness. The result of such a determination places the individual accused, either in a mental facility, incarcerated or released from all charges. Due to the aforementioned factors, there are many problems raised by the insanity defense. Some problems would be the actual possibility of determining mental illness, justify the placement of the judged “mentally ill” offenders and the total usefulness of such a defense. In all it is believed that the insanity defense should be an invalid defense and that it is useless and should potentially be completely abolished.
There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse. Insanity and automatism are excuses and defences of failure of proof. While automatism and diminished responsibility can only be raised by the defendant, insanity can be raised by the defence or the prosecution. It can be raised by the prosecution when the defendant pleads diminished responsibility or automatism. The defendant may also appeal against the insanity verdict. With insanity and diminished responsibility, the burden of proof is on the defendant. With automatism the burden of proof is on the prosecution and they must negate an automatism claim beyond reasonable doubt.
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...
Lundy, M., & Grossman, S. F. (2005). The mental health and service needs of young children exposed to domestic violence: Supportive data. Families in Society, 86(1), 17-29. Retrieved from http://search.proquest.com/docview/230168631?accountid=10825