Mental state

1. Why is a defendants mental commonwealth at the time of the offense (MSO) in-chief(postnominal) from a legal vantage point?From a legal indorsepoint, the relevance of the mental state of the defendant is important because it watchs whether or not the displace was done with any capability, aptitude, or ability. These factors ar relevant because they realize if the defendant acted with consciousness in the focusing of the offense. The commission of an offense without any knowledge of the gravity of the situation or at a lower place a state of insanity is an exempting circumstance that exonerates the defendant from any criminal liability.The mental state is excessively important during the custodial investigation wherein the defendant is read his Miranda Rights. This is particularly important because the law provides that the accused has the castigate to know of the nature of the charges against him and the possible consequences of any answer which he whitethorn happen during such questioning. A mentally incapable or incompetent someone will be unable to comprehend these matters and therefore it is important to determine his capacity.Another perspective is that the mental state of the defendant also determines his competency to stand political campaign (CST), Competency to refuse an insanity defense, Competency to confess, Competency to let go rights to silence, Competency to dismiss counsel, Competency to serve a sentence, and Competency to be executed. Under the Constitutional requirement of due process, the defendant has a right to know the charges against him and also to cross examine any witnesses that will be presented as well as the right to defend himself in court. Without a determination of the competency of the defendant, such rights of the defendant may be profaned which is against the Constitutional guarantee of due process.2. What is the role of a forensic psychologist in such cases?The role of a forensic psychologist in such cas es is to determine the mental competency of the defendant. The in-depth knowledge of human cognitive and emotional carrying out that the forensic psychologist possesses enables him to arrive at a conclusion on whether or not the defendant is competent to stand trial. The forensic psychologist can also conduct and insanity interrogatory to determine whether or not the act was done with criminal intent (mens rea) by the defendant.The different forensic judgement instruments that the forensic psychologist utilizes in order to determine the competency of the defendant be the following, Competency Screening Test (CST), Competency Assessment Instrument (CAI), interdisciplinary Fitness Interview (IFI) and the MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD).3. What mistakes might a forensic psychologist make when conducting this type of evaluation?The most common misconduct that a forensic psychologist might make during these types of evaluations involves the area of predicting the human demeanour of the defendant. While the different tests and evaluations that the forensic psychologists use may be relatively accurate in determining the competency of the defendant to stand trial and at the commission of the offense, the difficulty lies in determining how long the incompetency will last and whether or not the defendant is liable to send future crimes in case the defendant is released or exonerated.At the present there is no way of determining whether or not the defendant may commit future crimes. It must also be remembered that the forensic psychologist conducting the examination must also be well versed with the pertinent nourishment of law applicable to the case.ReferencesAdler, J. R. (Ed.). (2004). Forensic Psychology Concepts, debates and practice. Cullompton Willan.Ribner, N.G.(2002). California School of lord Psychology Handbook of Juvenile Forensic Psychology. Jossey-Bass. ISBN 0-7879-5948-0