Description
Assignment 2: RA 1: Legal Requirements
The insanity defense is as old as it is controversial. There are times when insanity truly applies and times when it is not easy to determine. In either case, the documentation of services provided to these clients is typically heavily scrutinized by attorneys since documentation is the primary means used by courts to measure insanity as it meets legal standards. This assignment will allow you to examine the legal standards for insanity in your jurisdiction in addition to the requirements for the documentation of services provided to these individuals.
Tasks:
Search your state and regulatory boards, professional associations, state psychology boards, and state psychological associations. Use resources from professional literature to support your response. Professional literature may include relevant textbooks; peer-reviewed journal articles; and websites created by professional organizations, agencies, or institutions (.edu, .org, and .gov).
Write a 3- to 4-page paper, including the following:
- What are the legal requirements in your jurisdiction regarding the documentation of data provided by a forensic psychology professional? If not-guilty-by-reason-of-insanity (NGRI) and guilty-but-mentally-ill (GBMI) evaluations are not recognized by your jurisdiction, review the legal requirements in a jurisdiction where they are the standard.
- What are the specific laws and rules regarding the documentation of psychological services?
- What are the differences between the requirements for clinical work and the requirements for forensic work, if any?
- What standards are used in your jurisdiction for an insanity plea?
- Do the insanity standards identify mental disease or defect with any exclusions, such as substance use? Explain.
- How do the standards in your jurisdiction contrast with the standards presented in your course textbooks?
- Do the insanity laws specify the presence of cognitive or volitional impairment as a threshold requirement to meet insanity? Provide brief examples.
Explanation & Answer
Attached.
OUTLINE
Introduction
Body
Conclusion
Legal Requirements
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Institution
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Insanity has been offered as a defense to persons in the view that one cannot be punished for
what they cannot help doing. The argument of insanity defense holds that it is unjust to punish a
person for what illness causes them to do on the grounds that there was no freedom of choice as
required by criminal law to the defendant (Vognsen & Phenix, 2004).
The controversy around the insanity defense has caused different states to have different
requirements regarding the documentation of data provided by forensic psychology professional.
In particular, the California state through its criminal law holds that a defendant is insane in the
event that they lack substantial capacity to either conform their conduct to the requirements of
the law or to appreciate the criminality of their conduct. Therefore, the state of California can
find a person not guilty by reason of insanity if their behavior is as a result of an irresistible
impulse.
More so, according to the current California law, section 25(b) and the M’Naghten rule a
defendant shall be found not guilty by reason of insanity...
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