FBS 153 Final Study Guide PDF

FBS 153 FINAL Study Guide for Exam \#3 (from Nov 5 to Dec 5). The test will become available at 10:00am on Thursday, Dec 19. It is a closed-book/closed-notes test. You will have 55 minutes to complete the exam. For those of you choosing to do Writing Assignment \#2, that window will open for you b...

FBS 153 FINAL Study Guide for Exam \#3 (from Nov 5 to Dec 5). The test will become available at 10:00am on Thursday, Dec 19. It is a closed-book/closed-notes test. You will have 55 minutes to complete the exam. For those of you choosing to do Writing Assignment \#2, that window will open for you beginning at 11:00am. It is an open-notes assignment. Once you begin this assignment, you will have 25 minutes to complete it. **The availability of BOTH the exam and the writing assignment closes at 7:00pm (Dec 19).** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **MENS REA AND THE JUDICIAL SYSTEM** **\[lecture notes\]:** **- In a criminal trial, who is the trier of fact?** **- The two elements usually required to find a defendant Guilty in a criminal trial are:** \- 1) **actus reus**; How is Fresno\'s 2005 Marcus Wesson case an example of an exception? \- How does mens rea relate to **criminal responsibility**\"Guilty\" verdicts? \- **a parasomnia is a \_\_\_\_\_ disorder; somnambulism** \- British judge and politician Sir Edward Coke (1644) \- What kinds of factors can compromise a person's ability to form mens rea? \- juvenile justice system (JJS) vs. (adult) criminal justice system (CJS) \- In some juvenile cases that involve serious crimes, the protections given to juveniles in the JJS are **waived** and their case is heard in an adult criminal court where they are treated the same as any adult defendant would be treated. (---So it's a big deal!) What kinds of factors do judges consider that make it more likely a case will be waived? In the U.S. how often do judges waive serious juvenile cases to adult court? \- **acquittal** of a defendant; If a jury finds a defendant Not Guilty, it does **[not]** mean the jurors believe the defendant did not do it. What does it mean? \- **affirmative defenses** are legal justifications for committing a crime---arguing the defendant lacked mens rea (e.g., **mistake of fact**---what is the standard here? **intoxication**; **duress**; **necessity---**prevents an **\_\_\_\_\_\_\_\_\_**death; **self-defense**; **insanity**); an **affirmative defense** \- 9/11 terrorist case for WA\#1; It is possible that such a (hypothetical) surviving terrorist could be found NGRI after a trial. In that situation, what would likely be the basis of the defense attorney's argument? Capital murder case of Zacarias Moussaoui in Federal Court \- How does a defense of **Diminished Capacity** differ from a defense of Not Guilty by Reason of Insanity? \- When SCOTUS ruled in *Furman s Georgia* (1972), what happened to the inmates on death row at that time? \- Today, 27 states have a death penalty in their Criminal Code. \- In a **clemency** hearing for condemned inmates, a governor is deciding whether to \_\_\_\_\_ (i.e., to change) the condemned inmate's death sentence to Life Without Parole. \- **teratogens** - (\"*teraton*\" + \"*gen*\") - **[prenatal]** exposure (i.e., in utero exposure to the fetus) to toxic agents can cause physical birth defects as well as al problems (e.g., low IQ; poor impulse control) \- e.g., alcohol \[**Fetal Alcohol Syndrome** (one of the Fetal Alcohol Spectrum Disorders)\]; facial stigmata; What main point did Ann Streissguth make clear in her 1991 article about FAS? FAS is the leading preventable cause of \_\_\_\_\_\_\_ \_\_\_\_\_\_\_. Which school shooter/mass murderer had a mother who drank heavily all through her pregnancy with him? \- e.g., medications can have teratogenic effects \- What was the point of talking about the various birth defects that result from a medication like Thalidomide in a course on criminality? (In other words, how is it related to behavior?) \- **phenomenological method** - objective realities vs. personal/subjective realities \- killings of Bonnie Garland, Jennifer Levin, and Lisa Steinberg in John McGarrahan\'s *New York Times* Op-Ed article; criticizes the legal requirement of mens rea to convict someone for murder instead of the lesser charge of manslaughter \- From Winston Churchill's 1910 speech on a society's attitude towards its criminals -- "How we treat our criminals is a test of our \_\_\_\_\_\_\_\_\_\_\_\_\_." \- What was perhaps someone's idea of a "sick joke" about Robert Harris' last meal? **\[Chapter 8: pp. 253-257; 268-272; and lecture notes\]:** \- Who makes the decision of Guilty or Not Guilty in a criminal trial? What about in an insanity trial? \- What happens when a defendant is found NGRI?---How does his status change from being a defendant in the criminal justice system? i.e., Assuming his crime was serious/violent, where will he be sent? \- *Foucha v. Georgia - What was the result of this SCOTUS case involving civilly committed individuals who were no longer violent?* \- When is a person no longer a child? Generally speaking, in CA, a defendant must be at least 18 years old to be tried in an adult criminal court. However, what is the minimum age at which a juvenile can be tried in an adult court in CA? in VT? (points to the **arbitrariness** of waiver laws across legal jurisdictions!) *Louisiana* (1992) **SCOTUS** case - Can individuals found NGRI and then civilly committed continue to be forcibly confined in a secure psychiatric institution if they are no longer mentally disordered (i.e., they are **asymptomatic**)---yet they remain dangerous? \- What percent of felony trials involve an NGRI plea? How often are NGRI pleas successful? \- In general, it would not be wise to fake insanity. Why? (---2 main reasons); malingering \- factors associated with NGRI plea success (i.e., those whose NGRI plea results in acquittal); Is race one of these factors? Is socioeconomic status? \[Late-breaking news: Update Remember Joel (Reimer) from the Westley Dodd video? ---Shortly after that video was made, he was found guilty of being a sexual predator and civilly committed. After 25 years, he recently appealed his incarceration in the secure psychiatric facility, asserting he is no longer a sexual predator according to WA state's definition. He was not successful.\] \- **insanity defense** (**NGRI: Not Guilty By Reason of Insanity)** \- **McNaughtan Rule** - based on Daniel McNaughtan's crime; "Right or Wrong test;" a cognitive test; Under this rule, can a defendant be found partially responsible for his crime? \- **Durham Rule** - "Product Test" \- **American Law Institute's ALI Rule from its Model Penal Code** (with its **caveat** paragraph!); irresistible impulses; In the case of serial murderer Jeffrey Dahmer in WI, how were his main paraphilias (Frotteurism, Necrophilia, and Splan**chn**ophilia)**\*** used to argue he was insane under the ALI Rule? \- When defendants plead NGRI, are juries or judges more likely to acquit them? **Dec 3 - 10 Classes:** **PSYCHOPATHOLOGY AND JUDICIAL MATTERS** **\[pp. 253-257; 268-271; lecture notes\]:** \- **clinical mental disorder** (e.g., DSM disorders) vs. **insanity** \- **clinical mental disorder** \[**psychopathology**; **Diagnostic and Statistical Manual of Mental Disorders** (DSM-5)\] A. **Psychoses** \- serious mental disorders (i.e., out of touch with reality by virtue of **symptoms** such as **delusions** and/or **hallucinations**) e.g., Schizophrenia Disorders - essentially, disorders of thinking (not logical or coherent thinking); What is **schizophasia**? Silbersweig & Stern (1990s studies of schizophrenics using functional brain scans while they were hallucinating) - How do the results help us to understand the fact that hallucinations are so very real to schizophrenics? \- When are schizophrenics most likely to be violent? Who do their victims tend to be? e.g., **Delusional Disorder** - a psychosis but without \_\_\_\_ symptoms; How do a schizophrenic's delusions differ from the delusions of someone with Delusional Disorder? \[e.g., Ed Gein vs. "Richard" (the homophobic serial murderer interviewed by Dr. Skrapec)\] B. **Non-Psychotic Disorders** \- e.g., Paraphilic Disorders (e.g., Pedophilic Disorder) -e.g., Personality Disorders (e.g., Psychopathy) **PSYCHOPATHY** **\[pp. 208-222; 244; Relevant parts of pp. 247-248; "50 Weeks of Planned Killing," Kemper video clip; lecture notes\]:** **- Psychopathy**; Why is it not considered a form of psychosis? \- case of serial murderer Edmund Emil Kemper III: \- Hervey Cleckley's (1941) book on Psychopathy titled **"The Mask of Sanity**" \[FYI: available free at: http://www.quantumfuture.net/store/downloads.php\] \- Robert Hare's typical traits of psychopaths, almost all of which psychopaths exhibit; See: Table 7-1 (p. 212) \- What is noteworthy about the feelings that psychopaths have? \- suicide and psychopaths - As discussed in class, when psychopaths commit suicide it is [most often] because either they \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ or they \_\_\_\_\_\_\_\_\_\_\_\_\_\_. \- Robert Hare's categories of psychopaths: **primary** vs. **secondary** (e.g., Charles Manson) vs. **dyssocial** (=**Sociopathy)** \- From Hare - \_\_\_\_% of the general population has Psychopathy, whereas between \_\_\_\_\_ and \_\_\_\_\_\_ % of the adult prison population has it; What about their recidivism rates for violent vs. non-violent psychopathic offenders as compared to offenders who are not psychopaths? \- Psychopathic sex offenders appear to be more motivated by \_\_\_\_\_\_\_\_ and excitement rather than simply sexual arousal. \- treatment of psychopaths - Clinicians may be able to treat some of a psychopath's \_\_\_\_\_\_\_\_ [ ] (e.g.,\_\_\_\_\_\_\_\_\_\_\_), but there is no known effective treatment for the disorder. Remember the Rice et al. study of recidivism of psychopathic vs. non-psychopathic violent offenders that got intensive milieu therapy? \- Psychopaths' brains: a\) are structurally different: b\) are functionally different: \- One more time: **psychopathology** vs. **psychopathy** vs. **psychosis**