Chapter 9 powerpoint pt. 2 Flashcards
What is the burden of proof required under The American Law Institute Substantial Capacity (Model Penal Standard) Test?
(1) The defendant is presumed sane until the defendant provides evidence
(2) Prosecution possesses the burden of persuasion to establish sanity beyond a reasonable doubt
What are some of the criticism that critics have towards the insanity defense?
(1) Bias
(2) Theories of Punishment-undermines the criminal justice system’s concern with deterrence, retribution, and incapacitation
(3) Moral Blameworthiness
(4) Experts debate
What are defenders of the insanity defense’s counterargument to critics?
Defenders argue that critics exaggerate the significance of the defense and only a small number of deserving defendants are generally evaluated as legally insane.
___ states adopted a verdict of guilty but mentally ill.
13
13 states adopted a verdict of _____ but _______ ___.
guilty
mentally ill
Which states abolished the insanity defense altogether but permits defendants to introduce evidence of a mental disease or defect that resulted in lack of criminal intent?
Idaho, Montana, Kansas, and Utah
Of the 13 states that have adopted a verdict of guilty but mentally ill (GBMI); 11 of those states continue to retain the insanity defense, and in these states jurors may select from among four verdicts: 1. 2. 3. 4.
(1) guilty
(2) not guilty
(3) not guilty by reason of insanity (NGRI)
(4) guilty but mentally ill (GBMI)
M’Naghten (right-wrong) test= defect of ______ from a _______ __ ___ _____ + at the time of the act didn’t know + the nature and quality of the act or that the act was wrong
reason
disease of the mind
M’Naghten (right-wrong) test= defect of reason from a disease of the mind + at the time of the act _____ _____ + the nature and quality of the act or that the act was wrong
didn’t know
M’Naghten (right-wrong) test= defect of reason from a disease of the mind + at the time of the act didn’t know + the _______ and _______ of the act or that the act was ______
nature
quality
wrong
_________ (_____-______) test= defect of reason from a disease of the mind + at the time of the act didn’t know + the nature and quality of the act or that the act was wrong
M’Naghten
right-wrong
Irresistible impulse test= ______ _______ or ______ ______ (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).
mental disease
mental defect
Irresistible impulse test= mental disease or mental defect (________ or _______ defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).
psychosis
physical
Irresistible impulse test= mental disease or mental defect (psychosis or physical defect) + inability to resist _______ _______ (may have ability to distinguish right from wrong).
criminal activity
Irresistible impulse test= mental disease or mental defect (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish _____ from ______).
right
wrong
_________ ________ test= mental disease or mental defect (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).
Irresistible impulse
______ _______ test= unlawful act + product of disease or defect
Durham product
Durham product test= _______ ____ + product of disease or defect
unlawful act
Durham product test= unlawful act + product of _______ or ______
disease
defect
__________ ________ test= mental disease or defect + substantial incapacity + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law
Substantial capacity
Substantial capacity test= ______ _______ or ______ + substantial incapacity + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law
mental disease
defect
Substantial capacity test= mental disease or defect + __________ ________ + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law
substantial incapacity
Substantial capacity test= mental disease or defect + substantial incapacity + to appreciate __________ (wrongfulness) of an act or to conform ________ to ___________ of the law
criminality
conduct
requirements
Diminished capacity is recognized in roughly ___ states.
15
_________ ________ is recognized in roughly 15 states.
Diminished capacity
Diminished Capacity; permits the admission of psychiatric testimony to establish that a defendant that suffers from a mental disturbance that ___________ the defendant’s capacity to form the required criminal intent.
diminishes
__________ ________; permits the admission of psychiatric testimony to establish that a defendant that suffers from a mental disturbance that diminishes the defendant’s capacity to form the required criminal intent.
Diminished Capacity
Diminished Capacity, recognizes that an individual has the right to demonstrate that he or she is incapable of forming the ______ required for the offense.
intent
__________ _________ recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent required for the offense.
Diminished Capacity
Diminished Capacity is rejected by some courts pointing that ____________ __________ is unreliable and too confusing for ______ and that the medical model is contrary to the notion that individuals are responsible for their actions.
psychiatric testimony
jurors
__________ ________ is rejected by some courts pointing that psychiatric testimony is unreliable and too confusing for jurors and that the _______ _______ is contrary to the notion that individuals are responsible for their actions.
Diminished Capacity
medical model
The ______ ______ ______ provides that evidence that a defendant suffers from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind that is an element of the offense
Model Penal code
The Model Penal code provides that evidence that a defendant suffers from a mental disease or defect is _________ whenever it is relevant to prove that the defendant did or did not have a ______ __ ____ that is an element of the offense.
admissible
state of mind
__________ ___________ is a defense to any and all criminal offenses in those instances that the defendant’s state of mind satisfies the standard for the insanity defense in the state.
Involuntary intoxication
More than half of those arrested for felonies have been ________ or using _____.
drinking
drugs
_________ ___________ can occur by means of duress, mistake, fraud, or medication.
Involuntary intoxication
Involuntary intoxication can occur by means of ______, ______, _____, or _________.
duress
mistake
fraud
medication
_______– an individual is coerced into consuming an intoxicant
Duress
_______– an individual mistakenly consumes a narcotic rather than his or her prescribed medicine
Mistake
_____– an individual consumes a narcotic as a result of a fraudulent misrepresentation of the nature of the substance
Fraud
___________– an individual has an extreme and unanticipated reaction to medication prescribed by a doctor
Medication
Voluntary intoxication was not considered a defense under the early ________ ____, but was transformed in the ___th century
common law
19th
Offenses that required _______ intent – voluntary intoxication was an excuse.
specific
Offenses that required specific intent – voluntary intoxication was an ______.
excuse
Offenses that required general intent – voluntary intoxication was _____ an _______.
not an excuse
Offenses that required _______ intent – voluntary intoxication was not an excuse.
general
