Question 1

The distinction between the insanity defense and incompetence to stand trial is

Accepted Answer

The insanity defense relates to the defendant's mental state at the time of the crime, assessing their ability to understand right from wrong, while incompetence to stand trial addresses whether the defendant is able to understand the trial proceedings and participate in their defense.

Question 2

Aside from protecting the defendant's rights, defense attorneys might also obtain a court order for a competency evaluation

Accepted Answer

Defense attorneys might seek a competency evaluation for several reasons: to delay a trial due to harmful publicity, to argue it's in the client's best interest to receive treatment instead of standing trial, and to gather information on the client's mental health that could aid their defense.

Question 3

In terms of evaluations of competency to stand trial, some mental health and legal professionals have recommended that

Accepted Answer

Evaluators are encouraged to focus on more complex abilities of the defendant, such as their emotional understanding and behavior in the courtroom, to provide a more comprehensive assessment of competency to stand trial.

Question 4

Some problems with assessment procedures for competency to stand trial include

Accepted Answer

All of the choices listed are problems associated with the assessment procedures for competency to stand trial, including unnecessary hospital commitments, assessments based on irrelevant criteria, and difficulties arising from non-cooperative defendants.

Question 5

CST is one assessment instrument used in order to try and increase accuracy of evaluations of competency assessments. Although considered fairly reliable,_______ 	is a distinct problem with the test

Accepted Answer

The CST (Competency Screening Test) has a distinct problem in that it weighs positively the defendant's willingness to express favorable views of the legal system, which can lead to both high rates of false positives (incorrectly identifying individuals as competent) and false negatives (incorrectly identifying individuals as incompetent).

Question 6

In a court system, competency of the defendant is required to

Accepted Answer

Competency is a legal requirement for a defendant to stand trial, represent oneself, and be executed. It ensures that the defendant understands the proceedings and can participate in their defense.

Question 7

An emancipated minor

Accepted Answer

An emancipated minor is a person under the age of majority (usually 18 in the United States) who has been granted the legal right to conduct personal and financial affairs without parental control. This includes many of the rights of adulthood, such as entering into contracts and living independently, but does not include the right to consume alcohol if under the legal drinking age, which is 21 in the United States.

Question 8

" Dying with their rights on" refers to

Accepted Answer

The phrase "Dying with their rights on" refers to the situation where a mentally ill person exercises their right to refuse medication, which can prevent them from improving their condition and leading a more normal life outside of mental institutions.

Question 9

When considering voluntary consent of mental patients for taking medication

Accepted Answer

The correct choice is B because it addresses the complexity of voluntary consent in a psychiatric setting, acknowledging the potential influence of the patient's circumstances (e.g., the desire for release) on their ability to give truly voluntary consent. Choices A, C, and D present oversimplified or inaccurate views on the capacity for consent among mental patients.

Question 10

Legally, children/ young adolescents are not considered competent to make their own decisions, but most states make exceptions in situations involving treatment for

Accepted Answer

Most states in the U.S. allow exceptions for minors seeking treatment for alcohol abuse, venereal diseases, and drug dependencies, recognizing the importance of access to care for these conditions without the barrier of parental consent.

Question 11

Medications may hinder emotion, lessen psychotic episodes, and cause a person to appear very sedate. If a defendant who is pleading insanity is forced to take medications that have these effects, how might this effect the outcome of the trial? Should the defendant be forced to take the medications during trial time? Give reasons for your response.

Accepted Answer

The answer of Medications may hinder emotion, lessen psychotic episodes,...

Question 12

What is testamentary capacity? Does anyone, even a court, have the right to change the will of a person who has died? What are some ethical implications of this? Are their positives and negatives?

Accepted Answer

The answer of What is testamentary capacity? Does anyone, even...

Question 13

The issue of whether or not psychiatric inpatients should have the right to refuse medication is a controversial issue. Should the government mandate that people who are institutionalized take their medication and cannot have the right to refuse? Why or why not?

Accepted Answer

The answer of The issue of whether or not psychiatric...

Question 14

John has become competent to stand trial after an extended period of hospitalization and medication for his psychiatric condition. He is intending to pursue an insanity defense.
His demeanor in court is considerably improved over the day of his arraignment and he is concerned that if he continues on his medication, the jury's opinion will be swayed by his vastly improved demeanor. He wishes to discontinue his medication. Can he refuse his medication? What case law is applicable in this situation?

Accepted Answer

The answer of John has become competent to stand trial...

Question 15

Why does justice demand a competent defendant?

Accepted Answer

The answer of Why does justice demand a competent defendant?...

Question 16

What strategic advantages might there be for the defense and prosecution in having a defendant evaluated for competence to stand trial? What are the essential elements in the standard for competency to stand trial?

Accepted Answer

The answer of What strategic advantages might there be for...

Question 17

What benefits or costs might there be to having a person evaluated on an outpatient basis?

Accepted Answer

The answer of What benefits or costs might there be...

Question 18

What are the ethical considerations for mental health professionals in evaluating the competence of a condemned person to be executed?

Accepted Answer

The answer of What are the ethical considerations for mental...

Question 19

What is Szasz's criticism of testamentary capacity?

Accepted Answer

The answer of What is Szasz's criticism of testamentary capacity?...

Question 20

Under what circumstances is forced medication of involuntarily committed patients allowed?

Accepted Answer

The answer of Under what circumstances is forced medication of...

Quiz 4: Competence to Stand Trial, and Other Competencies