C. Law Ch. 6

Question 1

Failure-of-proof Scheme

Answer 1

defendants raise a reasonable doubt that the prosecution has proven the mental element of the crime, so they don’t have to justify or excuse their conduct because it’s not criminal conduct

Question 2

Affirmative Defense of Insanity (aka insanity defense)

Answer 2

the legal excuse that defendants aren’t responsible for their criminal conduct because it was caused by a mental disease or defect

Question 3

Insanity

Answer 3

the legal term that refers to a mental disease or defect that impairs the reason and/or will

Question 4

Civil Commitment

Answer 4

a noncriminal (civil) proceeding, in which courts have the power to decide if defendants who were insane when they committed their crimes are still insane

Question 5

Reason

Answer 5

psychologists call it “cognition”; the capacity to tell right from wrong

Question 6

Will

Answer 6

psychologists call it “volition”; in the insanity tests, it refers to defendants’ power to control their actions

Question 7

Right-wrong test (aka Mcnaughtan rule)

Answer 7

the defendant suffered a defect of reason cause by a disease of the mind, and, consequently, at the time of the act didn’t know what she was doing or that the act was wrong

Question 8

Mcnaughton rule

Answer 8

the right-wrong test

Question 9

Mental disease

Answer 9

most courts define it at psychosis, mostly paranoia and schizophrenia

Question 10

Mental defect

Answer 10

refers to mental retardation or brain damage severe enough to make it impossible to know what you’re doing, or if you know, you don’t know that it’s wrong

Question 11

Bi-furcated (two stage) trial

Answer 11

a two-phase trial, in which the first phase determines whether the state has met its burden of proof an, if so, the second phase determines whether the defendant has sustained the burden of establishing a mental illness defense

Question 12

Irresistible impulse test

Answer 12

we can’t blame or deter people who, because of a mental illness or defect, know that what they’re doing is “wrong” but can’t bring their actions into line with their knowledge of right and wrong

Question 13

Product-of-mental-illness test (aka Durham rule)

Answer 13

acts that are the “product” of mental disease or defect excuse criminal liability

Question 14

Substantial Capacity test (the MPC test)

Answer 14

designed to remove the objections to the right-wrong test, its irresistible impulse supplement, and the Durham rule

Question 15

Diminished Capacity

Answer 15

an attempt to prove that the defendant, incapable of the requisite intent of the crime charged, is innocent of that crime but may well be guilty of a lesser crime

Question 16

Diminished Responsibility

Answer 16

the defendant argues, “What I did was wrong, but under the circumstances I’m less responsible”

Question 17

Waiver to adult criminal court

Answer 17

the juvenile court gives up its jurisdiction over the case and turns it over to the adult criminal court

Question 18

Judicial Waiver

Answer 18

when juvenile court judges use their discretion to transfer a juvenile to adult criminal court

Question 19

Defense of Duress

Answer 19

when defendants use the excuse that they were forced to do what they did

Question 20

Involuntary Intoxication

Answer 20

an excuse to criminal liability in all states; it includes cases in which defendants don’t know they’re taking intoxicants or know but are forced to take them

Question 21

Entrapment

Answer 21

excuse that argues government agents got people to commit crimes they wouldn’t otherwise commit

Question 22

Subjective test of Entrapment

Answer 22

asks whether the intent to commit the crime originated with the defendant

Question 23

Objective test of Entrapment

Answer 23

if the intent originates with the government and their actions would tempt an “ordinarily law-abiding” person to commit the crime, the court should dismiss the case

Question 24

Syndrome

Answer 24

a group of symptoms or signs typical of a disease, disturbance, or condition

Question 25

Premenstrual Syndrome (PMS)

Answer 25

excuse that PMS led to the defendant committing the criminal acts

Question 26

Post-traumatic stress disorder (PTSD)

Answer 26

excuse that argues the defendant wasn’t responsible because of PTSD