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Psych Law Chapter 10
| Term | Definition |
|---|---|
| competence to stand trial | defendant's capacity to function meaningfully and knowingly in a legal proceeding |
| competence to plead guilty | requires that defendants understand the alternatives they face and have the ability to make a reasoned choice among them |
| adjudicative competence | competence to assist counsel and decisional competence |
| stipulate | agree without further examination; opposing attorneys might agree without further examination to clinicians' findings |
| Miranda rights | the rights (as the right to remain silent, to have an attorney present, and to have an attorney appointed if indigent) of which an arresting officer must advise the person being arrested |
| insanity | defendant's mental state at the time the offense was committed |
| competence to stand trial | defendant's relevant legal capacities at the time of the trial or plea bargain |
| mens rea | mental state of knowing the nature and quality of a forbidden act; guilty mind |
| M'Naghten rule | "excuses" criminal conduct if defendants, as a result of a "disease of the mind" did not know what they were doing or did not know that what they were doing was wrong |
| Brawner rule | defendant is not responsible for criminal conduct if he "at the time of such conduct as a result of mental disease, lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law" |
| Insanity Defense Reform Act | expert witnesses cannot ultimately ay whether a defendant is insane and defendant has to prove insanity |
| ultimate opinion testimony | experts can describe defendant's mental condition and effects it could have had on their thinking and behavioral control, but they can't state conclusions about whether defendant is insane |
| diminished capacity | legal doctrine that applies to defendants who lack ability to commit a crime purposely and knowingly; did defendant have state of mind to act with the purpose and intent to commit a crime (consider consequences of contemplated actions) |
| transferred | juvenile moved to criminal court |
| treatment needs and amenability | risk of future offending, the interventions needed to reduce this risk and the likelihood that the youth will respond favorably to such interventions |
| sophistication-maturity | whether juvenile is mature (cognitively and psychosocially) and degree to which they are adultlike in their criminal thinking and behavior |
| statuary exclusion | certain serious felony charges should be prosecuted in criminal court if the defendant is over a certain age |
| judicial waiver | juvenile court judge uses discretion to decide whether the youth should be transferred to criminal court |
| prosecutorial discretion | requires prosecutors to decide whether cases are filed initially in juvenile or adult court |
| reverse waiver | returning juvenile from criminal court to juvenile court |
| blended sentencing | allows either juvenile court to integrate criminal sentencing options into disposition or criminal court to include juvenile placement in the disposition |
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