Deck 1: Adult Forensic Evaluation

Question 1

The GBMI verdict is becoming more popular in all states.

Answer 1

False

Question 2

Discuss the Frye and Daubert standards and how they might affect the admissibility of psychological evidence.

Answer 2

According to the ruling from Daubert judges may consider the following factors when determining whether scientific evidence is admissible: 1)Has the technique been tested in actual field conditions? 2)Has the technique been subject to peer review and publication? 3)What is the known or potential rate of error? 4)Do standards exist for control of the technique's operation? 5)Has the technique been generally accepted within the relevant scientific community? In the Frye ruling it was held that techniques should be generally accepted by the corresponding scientific community.These standards may affect the admissibility of psychological evidence in many ways.For example methodologies and techniques used in social sciences such as psychology may be less apt to meet the criteria for Daubert particularly criteria 1 and 2 than other sciences.Additionally the general acceptance standard contained in both decisions may be difficult to prove or meet with psychological evidence as there is frequent controversy regarding the appropriate appli- cation of psychological techniques and what constitutes "general acceptance" is subjective and left open to interpretation.

Question 3

NGRI verdicts are rarely raised and rarely successful.

Answer 3

True

Question 4

Most states employ some variation of the Dusky standard to form their jurisdictions' competency standards.