Podcast
Questions and Answers
Which term best describes a defendant's deliberate act of feigning incompetence to evade trial?
Which term best describes a defendant's deliberate act of feigning incompetence to evade trial?
- Competency
- Malingering (correct)
- Dusky Standard
- Bona fide doubt
A psychologist is evaluating a defendant and has a genuine uncertainty about their ability to understand the court proceedings. Which legal concept does this align with?
A psychologist is evaluating a defendant and has a genuine uncertainty about their ability to understand the court proceedings. Which legal concept does this align with?
- Competency
- Dusky Standard
- Bona fide doubt (correct)
- Malingering
Which of the following scenarios best illustrates the concept of competency?
Which of the following scenarios best illustrates the concept of competency?
- A judge expresses doubt about a defendant's mental state.
- A defendant pretends to have amnesia to avoid standing trial.
- A defendant, despite having a mental illness, understands the charges against them and can assist their attorney. (correct)
- A legal standard used to assess a defendant's fitness to stand trial.
The Dusky Standard is primarily used to determine:
The Dusky Standard is primarily used to determine:
In which of the following situations would a 'bona fide doubt' most likely be raised regarding a defendant's competency?
In which of the following situations would a 'bona fide doubt' most likely be raised regarding a defendant's competency?
A defendant demonstrates a clear understanding of the charges against them but claims they cannot remember the events of the crime. Which concept is most relevant to evaluate in this situation?
A defendant demonstrates a clear understanding of the charges against them but claims they cannot remember the events of the crime. Which concept is most relevant to evaluate in this situation?
If a defendant is found CST, what does this signify regarding their legal proceedings?
If a defendant is found CST, what does this signify regarding their legal proceedings?
Which of the following scenarios would be LEAST likely to raise concerns about a defendant's competency?
Which of the following scenarios would be LEAST likely to raise concerns about a defendant's competency?
A defendant scores high on a test designed to detect malingering. What does this suggest to the court?
A defendant scores high on a test designed to detect malingering. What does this suggest to the court?
Which of the following is NOT a key component of competency as it relates to standing trial?
Which of the following is NOT a key component of competency as it relates to standing trial?
A defense attorney has noticed their client is experiencing delusions and is unable to rationally discuss the case. What should the attorney do?
A defense attorney has noticed their client is experiencing delusions and is unable to rationally discuss the case. What should the attorney do?
What is the primary ethical concern when a defendant is suspected of malingering?
What is the primary ethical concern when a defendant is suspected of malingering?
How does the concept of 'competency' differ from the concept of 'insanity' in legal terms?
How does the concept of 'competency' differ from the concept of 'insanity' in legal terms?
Which of the following factors is LEAST relevant when assessing a defendant's competency to stand trial under the Dusky Standard?
Which of the following factors is LEAST relevant when assessing a defendant's competency to stand trial under the Dusky Standard?
A defendant is deemed incompetent to stand trial. What typically happens next?
A defendant is deemed incompetent to stand trial. What typically happens next?
If a defendant is suspected of malingering, what is one strategy that an evaluator might use to assess this?
If a defendant is suspected of malingering, what is one strategy that an evaluator might use to assess this?
Which of the following best exemplifies a situation where 'bona fide doubt' about competency might legitimately arise?
Which of the following best exemplifies a situation where 'bona fide doubt' about competency might legitimately arise?
What is the primary difference between the roles of a forensic psychologist evaluating competency and one evaluating criminal responsibility (insanity)?
What is the primary difference between the roles of a forensic psychologist evaluating competency and one evaluating criminal responsibility (insanity)?
Why is it important to differentiate between genuine mental illness and malingering in the context of competency evaluations?
Why is it important to differentiate between genuine mental illness and malingering in the context of competency evaluations?
A defendant with a known intellectual disability consistently answers questions literally and struggles to understand abstract legal concepts. How might a forensic psychologist differentiate this from malingering?
A defendant with a known intellectual disability consistently answers questions literally and struggles to understand abstract legal concepts. How might a forensic psychologist differentiate this from malingering?
Flashcards
Competency
Competency
Sufficient present ability to perform and meaningfully participate in personal or legal functions.
CST (Competency to Stand Trial)
CST (Competency to Stand Trial)
The ability to participate adequately in criminal proceedings and aid in one’s own defense.
Dusky Standard
Dusky Standard
Legal guideline that determines if a defendant is mentally competent to stand trial.
Malingering (in legal context)
Malingering (in legal context)
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Bona fide doubt
Bona fide doubt
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Study Notes
- Competency refers to having enough current ability to perform and engage meaningfully in personal or legal activities.
- CST (Competency to Stand Trial) is the capacity to adequately participate in criminal proceedings and assist in one's defense.
- The Dusky Standard is a legal principle used to assess a defendant's mental competence to stand trial.
- Malingering is feigning incompetence to avoid trial.
- Bona fide doubt refers to a genuine and legitimate uncertainty.
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