Diminished Capacity Mensrea and Criminal Profiling

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Subject: Forensic Psychology

Topics to be covered:
(1) Approaches to Offender
Profiling.
(2) Mens Rea
(3) Diminished Capacity

By- Krunal Mahatpure (M. Sc. I year)


Definition of Offender Profiling
“Profiling generally refers to the process of
using all the available information about a
crime, a crime scene, and a victim in order to
compose a profile of the(as yet) unknown
perpetrator.”
- Mary Ainsworth(2001; p7)
Basic assumption is that an offender’s
behavior at the crime scene reflects
consistencies in personality and modus
operandi.
Offender Profiling:

Typically used when offender’s identity is


unknown and with serious criminal
offences such as murder, sexual assault.
Helps to narrow down the pool of
suspects.
Helps to track down a suspect.
Approaches to Offender Profiling
Geographical Profiling
Investigative Psychology
Criminal Investigative Analysis
Behavioral Evidence Analysis
Geographical Profiling
Ithelps to predict the location of the offender
by using the locations of his past crimes.
These locations help investigators narrow
down a particular geographic area where the
offender may be located.
This area may include the offender’s home or
work address, his regular travel route or
places he frequents for entertainment and
recreation.
Investigative Psychology
It uses peer- reviewed research to
determine facts about an offender based
upon his past crimes.
Psychologists work as profilers, basing
their findings on published researches.
Some psychologists feel that utilizing true
psychological techniques is the only way
to create an accurate and scientifically
sound criminal profile.
Criminal Investigative Analysis
Also called as Crime Scene Analysis, it
was established by the Federal Bureau of
Investigation.
Profilers identify the offender’s
behavioral patterns by studying the
condition of the crime scene and on this
basis the offenders can be classified as
either organized or disorganized.
Behavioral Evidence Analysis
In this approach of Offender Profiling the
crime scene evidences help establish
behavior patterns and character traits of an
offender.
The behavioral evidences such as the
signature behavior of the offender, blood
spatter pattern, number of blows or such
evidences may indicate any possible mental
illness(es) the offender suffers from.
Mens Rea
It is a Latin word meaning guilty mind.
It is a legal phrase used to describe the
mental state a person must be in while
committing a crime.
The term mens rea comes from the
writings of Edward Coke, an English
jurist. He advocated, “an act does not
make a person guilty of criminal activity
unless their mind is also guilty.”
In 1962, the American Law Institute
created the Model Penal Code to better
define mens rea. It stated that in order to
be blameworthy for any activity, the
suspect must have done the act
willingly, with the knowledge of what
the final result would be or in a reckless
manner with no consideration for the
safety of others.
Types of mens rea
Intent
Knowledge
Recklessness
Decreasing
Negligence levels of
culpability
Intent:- It is the explicit and conscious
desire to commit a dangerous or an illegal
act.

Knowledge:- This term applies if a


person is aware that his or her actions will
have certain results, but does not seem to
care(Criminal Knowledge).
Recklessness:- It is the decision to
commit a certain action despite knowing
about associated risks(Carelessness).

Negligence:- This is the mildest form of


criminal culpability. A person commits
negligence when he or she fails to meet a
reasonable standard of behavior for his or
her circumstances.
Case studies for Mens Rea:-
 Intention
(1) Hyam Vs. DPP (1975)
(2) R Vs. Hancock and Shankland (1986)
(3) R Vs. Nedrick (1986)
 Recklessness
(1) MPC Vs. Caldwell (1982)
(2) R Vs. Coles (1994)
(3) R Vs. Merrick (1996)
www.lawteacher.net/cases/mens-rea-cases
Diminished Capacity
Diminished Capacity is essentially a
psychological term which found its way
into criminal trials.
At the time the offense was committed, an
accused wasn’t suffering from a mental
disease or defect sufficient to exonerate
him from all criminal responsibility.
The accused's mental capacity may have
been diminished by intoxication, trauma,
or mental disease so that he did not
possess the intent essential to the
particular offense charged.
Raised by the defense in an attempt to
remove the element of premeditation or
criminal intent and thus a conviction for a
lesser crime.
Case study for Diminished Capacity:-
 The People Vs. Daniel James White

www.famous-trials.com/danwhite/599-ho
me

www.famous-trials.com/danwhite/591-chr
onology
THANK YOU

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