4 basic elements of insanity defense
pres of mental d/o
pres of defect of reason
doe snit understand the nature of the act
incapacity to refrain from the act
T or F
youth suicide in detention and correction are 4x> than youth suicide i gen pop
TRUE
25% of incarcertaed boy have PTSD, 50% for girls
Juvenile detention center vs juvenile correctional
detention center - short term- while awaiting trial
correction- long term- convicted
convivcted if :
means rea- guilty mind
actus rea- gulity act
This is filed if px has been imprisoned without due process of Law
Habeas corpus
some criminal acts are commited involuntarily
Automastism
right to maintain secrecy in face of subpoena
Testimonial privelege
state will serve as a surrogate if the px cannot take care of themselves
Parens patriae
let the master answer for the deed of the servant
Respondeat superior
psychotherapoist duty to warn a third party if he believes that the px posts a serious risk
Tarasoff duty
Diff bet incompetence vs Incapacity
Incompetenece- judication/ decision from the court
Incapacity- func inability, determined by the clinician
wrongdoing
tort
writtent court order
writ
writ requiring a person to appera before the court
subpoena
formal decision from court
judgement
unlawful striking with intention to harm
battery
statement made relating to its fact when it is not so
misrepresentation
restraining another person without having legal right to do so
false imprisonement
advance selection of a substitute decision maker
Durable power of attroney
test of competence, if the defendant can rationally consult a lawyer, factual understanding of the proceedings
Dusky vs US
involuntary patient who is nit receing any treatment has a constitutional right to receive adeq treatment
Rouse vs CAmeron
consiututional right to receive adeq treatment
wyatt vs stickney
disclosure of confidential material
subpoena duces tectum
applies to minors, <18y/o
Gault decision