Jessica Scott PSY 205 DATE A. Correa Otto, R. K. (2006). Competency to Stand Trial [Electronic Version]. Applied Psychology in Criminal Justice, 2(3), 82-113. Summary: This article was written by Randy K. Otto fir the journal, Applied Psychology in Criminal Justice. The subject of this article is to review the legal framework regarding competency to stand trial, or competency to proceed, as it pertains to our current court system, provide a recommend format for competency evaluations, and review special topics and/or related issues. Competency to stand trial is defined as “the ability to participate adequately in criminal proceedings and to aid in one’s own defense.” (Costanzo & Krauss, 2012). This article addresses the development of modern day competency ideas and standards, provides a sample competency assessment template, and addresses various topics and issues related to the question of competency. This article address the topic I have chosen specifically. The author provided an in depth analysis of the history and current practices of competency to stand trial. He utilized various articles, assessments and manuals in his review and analysis. His goal was to evaluate current standards and assessments and provide a more effective assessment to be used across the board that addressed all of the various aspects of competency. Otto provided that the concept of competency has been around since the 14th Century. The importance of a defendants ability to participate
The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.
There are many parts of the courtroom and the process of convicting a criminal. The courtroom work group has a major role in convicting and finalizing a case. In the courtroom work group, there are three groups of people that hold the entire courtroom together. Without the work group, the courtroom would not flow, and coming to a conclusion to the case would not be as easy. The work group is made up of the Judge, the Defense Counsel and the Prosecution. They work together to reach a result, in the case by staying in contact on a daily basis. There are many roles in the work group, and if they are not all followed through with then the results could be different than what they should be. In this paper, we will
In order to comprehend the contribution of psychology to areas of criminal investigation it is important to evaluate research into two of the following areas of criminal investigation: eye witness testimony and offender profiling as well as assess the implications of the findings in the area of criminal investigation. In addition, this essay, with reference to relevant psychological research, discuss how the characteristics of the defendant may influence jury behaviour as well as analyse two psychological influences on the decision making process of juries. In order to improve the efficiency of detection and successful prosecution of crime it is important to underline that in a previous administration, detection of serious crime was poor and eyewitness testimony appeared very unreliable, partly due to standard interview techniques yielding confusing results. It is therefore this essays primary focus is to provide the chief constable with a report explaining how psychologists might be able to improve this situation with a full evaluation of process and evidence.
When a defendant is convicted of a crime, arrested, and stand trial there are multiple ways that they can defend themselves. The criminal justice system has a variety of types of criminal defenses that one should be familiar with, if ever in the position of being charged with an offense. Within this paper, I will be talking about seven different types of criminal defenses, starting with: insanity, automatism, duress, self defense, intoxication, necessity/ lesser harm, and mistake of fact.
In order to effectively work in this area, Forensic psychologists must know the court’s expectations.They must be credible, competent, and concise being able to explain to the court how they arrived at their
The courtroom is a vital part of the criminal justice system, and a major role in the judicial branch of our government. In the courtroom there are specified roles given to certain people that allow them to to actively engage in the system and get it to work efficiently and properly so that justice is served. The major roles of the courtroom work group are: Police officer, prosecutor, defense attorney, judge, defendant, victim, bailiff, court reporter, and the jury. In this essay I will describe in depth the responsibilities of each of these important courtroom characters.
Throughout one’s life many are prone to being in one of America’s many courtrooms at least once in their life. Whether it is for a parking ticket, a petty larceny charge, or simply jury duty most citizens have been in a courtroom once or twice. However, it is rare that one knows the many steps and processes that take place when a crime has been convicted. There is an excess number of elements that are introduced and just to name a few it all starts with the occurrence of the crime, then follows the arrest, proceeded by an arraignment, bail hearing and any more steps before finally reaching the final verdict that lands one with guilt or innocence (Neubrauer, Fadella 2013). Based on the laws in place by the United States and the Constitution one must be able to prove guilt beyond a reasonable doubt. If there is doubt at all in the jurors minds, they cannot convict the individual of being guilty and lately this has created a lot of controversy in the United States with many cases being tried. For example, the Casey Anthony case that took place in Florida was one of the most recent states where Common Law and the Constitution were unable to be reconcilable to prove one’s guilt.
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
The sixth amendment to the U.S constitution guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. Once it has determined that the trail will be by jury, the next step in the criminal proceeding is the selection of the jurors. During this process possible jurors receive a summons in the mall ordering them to appear in court at a specified time and date the people who are summoned comprise the venire (the prospective jurors for cases). Voir dire Latin term meaning to speak the truth, this is an examination conducted by the courts or by the attorneys of a potential juror or witness to determine if they would be proficient or qualified for services. Jurors’ questionnaires reveals information disqualifying them from jury service is only the first step in the jury selection process. Typical questions relate to whether prospective jurors know the defendant, the attorneys, or any of the witnesses, whether they have read or heard about the case in the media, and whether they have racial, nationality, or gender biases. Effective voir dire is getting the prospective jurors to tell the court or attorneys what they need to know.
This paper is being submitted August 11, 2013 for Professor Sheryl Prichard’s Criminal Law and Procedure course at Devry University by Jonah Colombo.
In the United States, the criminal justice system is a combination of laws and institutions. Laws are to be enforced in order for society to work appropriately as a whole. The many institutions of the criminal justice system include law enforcement, juvenile and adult courts, and correctional facilities. It is a unique system that has developed a specific process to serve justice. It is however, a process that is not without its faults. In order to protect and serve the many different faces of society, the process is structured to ensure the justice system continues to flow in the proper direction. Throughout this paper, I will summarize all the steps between arrest, pre-trial, trial, and appeals. I will explain the contingencies for each stage
Between this time and November 3rd 1994 the jury of 12 was selected out of a venire of 304 perspective jurors. All 304 perspective juror’s had a seventy five page questionnaire to complete to determine eligibility for the trial. Both the prosecuting and defending teams set out to present their case. The trial lasted 134 days in 1995 and is renowned for the media coverage from inside
When a person is charged with a crime the type of defense that they choose could ultimately determine their fate. There are many different types of defenses that exist in our criminal justice system. In this paper I will be taking a brief look at two different cases that have implored two different types of criminal defenses. I will look at the nature and types of defenses used in the cases and what evidence was used to demonstrate defense. I will describe how justification and excuse played a role in the cases and I will also be describing the outcome of each case.
As field, psychology was born of ancient philosophy and philosophers, and began to take root and grow in the 19th century (Candalis &Neal, 2014, p. 20). Psychologists started working with, and within, the courts in the early 1900’s (DeMatteo, Krauss, Marczyk & Burl, 2009, p. 185), however, the first big strides for forensic psychology were not made until 1954,
Forensic (criminal) psychology is a job field that deals with both psychology and law. The field has experienced dramatic growth in recent years due to the role of popular movies, television programs and books popularizing the field. Often these individuals are depicted as vivid components in solving vicious crimes or timing out a criminal’s next home. While these depictions of certainly entertaining, yet these portrayals are not necessarily precise. Forensic psychologists play an instrumental role in the criminal justice system while applying psychological principles to the legal system. The crossover of the two spheres is best decided in the Encyclopedia of Psychology,