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Criminal Psychology - Case Study Example

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Summary
In the situation of Justin Case, the judge found Case competent to be tried due to his mental competency at the time of trial. The judge found him legally insane based upon his mental state at the time of the committed felony. Based on the Model Standard created by the American Law Institute, "if at the time of his conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law." (emphasis added) Case may have been mentally competent for his trial; however, there must have been evidence to the contrary at the time of his committed felony.
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Download file to see previous pages Indiana ) The majority reached this conclusion based on the fact that the petitioner was deaf, had no ability to read or write and that it was doubtful that the petitioner could even develop an ability to communicate by sign language. Since the petitioner was entirely unable to communicate, it was decided that he should be hospitalized until that time in which he could testify. In the case that he would never be able to communicate, the defendant would be hospitalized permanently.
Since Case was found 'not guilty', his term of hospitalization depends entirely upon his own mental state. In the case of Jones vs. United States, the petitioner, Jones, committed a range of felonies and upon hospitalization was diagnosed "Schizophrenia, Paranoid Type." (Jones vs. United States)Jones was eventually granted acquittal based on Insanity, and was hospitalized until considered stable. Since Case was labeled "legally insane," he could be hospitalized until stable in a similar situation.
Question 2
An actuarial risk assessment tool is used to predict a dangerous behavior as well as the rate of recurrence, impact and likely victims of said behavior. One such assessment tool used for preventing violence was presented by Patterson and colleagues. This is the SAD PERSONS mnemonic, and it is used to prevent suicides by the interpretation of collected data concerning the possibly suicidal nature of the individual. The VISAT, or Victorian Intervention Screening Assessment Tool, is a risk assessment tool used for sexual offenders. The VISAT uses Corrections personnel to predict future occurrences of criminal behavior base on information about the offender. VISAT also focuses upon 'changeable' aspects of the offender's life in order to indicate where risk is high or where treatment could be effective.
There are several positive outcomes of Actuarial risk assessment. Through its process, correctional personnel are able to predict a criminal profile so as to identify when and where a criminal will commit a felony. Such felonies may be prevented by the use of actuarial risk assessment. However, this type of risk assessment is subject to personal opinion, and one wonders how accurate such a prediction could be. In structure clinical judgment, the assessment is based on clinical interviews and observation. Clinical judgment has the added bonus of a professional opinion administered by a trained clinician. However, structure clinical judgment does not include statistical information of any kind; the assessment is based solely on one person's opinion. In the end, there is always the presence of human error.
Currently, the relationship between mental illness and crime seems to be effective. According to Jeanne Y. Choe and colleagues, the highest percentage of offenders occurs in committed patients before hospitalization. This seems ...Download file to see next pagesRead More
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