5/7/2023 0 Comments Instanity isThe weight of the evidence is greater than one side than for the other (51% or more of the weight of the evidence) Retribution A perspective on punishment that suggests punishment for a crime should be proportionate to the harm cause. Requires that a judge or jury find that the plaintiff's version of the facts is more probable than not. It is characterized by auditory hallucinations, delusions, clinical depression and thought disorder Preponderance of Evidence Standard Standard of proof common in civil trials. Postpartum Psychosis A severe mental disorder in which a mother displays psychopathic symptoms exacerbated or caused by childbirth. Its symptoms are identical to those of clinical depression and can include: loss of pleasure in most activities, depressed mood, sleep difficulties, weight gain or loss, loss of energy, fatigue, extreme guilt, and suicidal thoughts. Mens Rea Defense A case presented by the defense that concedes the defendant committed the crime (actus reus), but argues that the defendant lacked the requisite mental awareness and intent Mental State at the Time of Offense Screening Evaluation (MSE) A test that attempts to assess whether a defendant's crimes were influenced by a significant mental disorder Not Guilty by Reason of Insanity (NGRI) An affirmative defense that suggests that the defendant, because of his or her insanity, should not be held criminally responsible Policeman at the elbow test A volitional insanity test requiring that the defendant's impulse had to be so overwhelming that he or she would have committed the act even if a police officer stood beside the defendant at the time of the crime Postpartum Blues A condition experienced by new mothers and characterized by crying, irritability, anxiety and mood changes that can last for weeks, and which has been linked to hormonal changes following childbirth Postpartum Depression A condition occurring after childbirth. It consists of three components 1) A presumption that defendants are sane and responsible for their crime 2) A requirement that, at the moment of the crime, the accused must have been laboring "under a defect of reason" or "from disease of the mind" 3) A requirement that the defendant "did not know the nature and quality of the act he was doing or if he did know it, that he did not know what he was doing was wrong." Mens Rea Meaning "guilty mind." Different crimes require different levels of mental awareness and understanding. N'Naghten Rule The most common insanity standard in the United States. Irresistible Impulse An insanity defense in which the defendant's mental condition inhibited the ability to control his or her actions at the time of the offense, even though the defendant may have known the act was wrong. Insanity Defense Reform Act (IDRA) Federal law passed after the Hinckley trial that required that there be a presumption of sanity and that defendants prove "by clear and convincing evidence" that they were insane at the time of the crime Involuntary Manslaughter A charge of homicide that requires a lesser intent to kill. It requires that, due to a mental illness, a defendant lacks moral responsibility and culpability for the crime, and therefore should not be punished Insanity Defense Attitudes-Revised Scale (IDA-R) A psychological instrument that assesses the attitudes of potential jurors and the general public toward the insanity defense. Insanity The legal concept referring to the criminal's state of mind at the time the crime was committed. Public outcry for this verdict led to the 1984 Insanity Defense Reform Act (IDRA). Because the burden of proof for showing insanity rested on the prosecution instead of the defense, Hinckley was found NGRI. The court used the ALI standard for determining whether the defendant should be found not guilty by reason of insanity (NGRI). First Degree Murder The highest charge of homicide, requiring that the perpetrator engaged knowingly in the premeditated killing of another human being General Deterrence The theory that punishing an offender will prevent other similarly situated individuals from committing future illegal acts because they have learned that crime leads to punishment Guilty but Mentally Ill (GBMI) An alternative verdict in which the defendant is found guilty of the crime and sentenced to prison with treatment for his or her mental health problems Hinckley Case The 1983 trial of John Hinckley for the attempted murder of President Ronald Reagan.
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