FORENSIC PSYCHOLOGY 44.543

Assignment #2:
Please answer in no more than 3 pages (double-spaced)

A defendant, Justin Case, charged with Armed Robbery, has a history of psychiatric hospitalizations. He is found by the Judge to be Competent to Stand Trial. He has a bench trial (that is, there is no jury, as the case is decided by the Judge) at which he is found, by the same Judge, to be Not Guilty by Reason of Insanity, based on the A.L.I. standard.

1) What is the legal standard for competency to stand trial (provide the name of the Supreme Court case and the standard that was set)? What is the A.L.I. standard for insanity? (1 point)

2) Explain how the same mentally ill defendant can be found competent to stand trial but legally insane? (2 points)

3) If Mr. Case had been found incompetent, what are the limits on how long he could be hospitalized? Cite one Supreme Court case which dealt with this issue and explain the majority’s rationale (including the relevant Constitutional Amendment cited). (1.5 points)

4) Now that he has been found Not Guilty by Reason of Insanity, what are the limits on how long he could be hospitalized? Cite one Supreme Court case which dealt with this issue and explain the majority’s rationale. (1.5 points)