Chapter 9 powerpoint pt. 2

Question 1

What is the burden of proof required under The American Law Institute Substantial Capacity (Model Penal Standard) Test?

Answer 1

(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

Question 2

What are some of the criticism that critics have towards the insanity defense?

Answer 2

(1) Bias
(2) Theories of Punishment-undermines the criminal justice system’s concern with deterrence, retribution, and incapacitation
(3) Moral Blameworthiness
(4) Experts debate

Question 3

What are defenders of the insanity defense’s counterargument to critics?

Answer 3

Defenders argue that critics exaggerate the significance of the defense and only a small number of deserving defendants are generally evaluated as legally insane.

Question 4

___ states adopted a verdict of guilty but mentally ill.

Answer 4

13

Question 5

13 states adopted a verdict of _____ but _______ ___.

Answer 5

guilty

mentally ill

Question 6

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?

Answer 6

Idaho, Montana, Kansas, and Utah

Question 7

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.

Answer 7

(1) guilty
(2) not guilty
(3) not guilty by reason of insanity (NGRI)
(4) guilty but mentally ill (GBMI)

Question 8

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

Answer 8

reason

disease of the mind

Question 9

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

Answer 9

didn’t know

Question 10

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 ______

Answer 10

nature
quality
wrong

Question 11

_________ (_____-______) 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

Answer 11

M’Naghten

right-wrong

Question 12

Irresistible impulse test= ______ _______ or ______ ______ (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).

Answer 12

mental disease

mental defect

Question 13

Irresistible impulse test= mental disease or mental defect (________ or _______ defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).

Answer 13

psychosis

physical

Question 14

Irresistible impulse test= mental disease or mental defect (psychosis or physical defect) + inability to resist _______ _______ (may have ability to distinguish right from wrong).

Answer 14

criminal activity

Question 15

Irresistible impulse test= mental disease or mental defect (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish _____ from ______).

Answer 15

right

wrong

Question 16

_________ ________ test= mental disease or mental defect (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).

Answer 16

Irresistible impulse

Question 17

______ _______ test= unlawful act + product of disease or defect

Answer 17

Durham product

Question 18

Durham product test= _______ ____ + product of disease or defect

Answer 18

unlawful act

Question 19

Durham product test= unlawful act + product of _______ or ______

Answer 19

disease

defect

Question 20

__________ ________ test= mental disease or defect + substantial incapacity + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law

Answer 20

Substantial capacity

Question 21

Substantial capacity test= ______ _______ or ______ + substantial incapacity + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law

Answer 21

mental disease

defect

Question 22

Substantial capacity test= mental disease or defect + __________ ________ + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law

Answer 22

substantial incapacity

Question 23

Substantial capacity test= mental disease or defect + substantial incapacity + to appreciate __________ (wrongfulness) of an act or to conform ________ to ___________ of the law

Answer 23

criminality
conduct
requirements

Question 24

Diminished capacity is recognized in roughly ___ states.

Answer 24

15

Question 25

_________ ________ is recognized in roughly 15 states.

Answer 25

Diminished capacity

Question 26

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.

Answer 26

diminishes

Question 27

__________ ________; 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.

Answer 27

Diminished Capacity

Question 28

Diminished Capacity, recognizes that an individual has the right to demonstrate that he or she is incapable of forming the ______ required for the offense.

Answer 28

intent

Question 29

__________ _________ recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent required for the offense.

Answer 29

Diminished Capacity

Question 30

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.

Answer 30

psychiatric testimony | jurors

Question 31

__________ ________ 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.

Answer 31

Diminished Capacity | medical model

Question 32

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

Answer 32

Model Penal code

Question 33

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.

Answer 33

admissible | state of mind

Question 34

__________ ___________ 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.

Answer 34

Involuntary intoxication

Question 35

More than half of those arrested for felonies have been ________ or using _____.

Answer 35

drinking | drugs

Question 36

_________ ___________ can occur by means of duress, mistake, fraud, or medication.

Answer 36

Involuntary intoxication

Question 37

Involuntary intoxication can occur by means of ______, ______, _____, or _________.

Answer 37

duress mistake fraud medication

Question 38

_______– an individual is coerced into consuming an intoxicant

Answer 38

Duress

Question 39

_______– an individual mistakenly consumes a narcotic rather than his or her prescribed medicine

Answer 39

Mistake

Question 40

_____– an individual consumes a narcotic as a result of a fraudulent misrepresentation of the nature of the substance

Answer 40

Fraud

Question 41

___________– an individual has an extreme and unanticipated reaction to medication prescribed by a doctor

Answer 41

Medication

Question 42

Voluntary intoxication was not considered a defense under the early ________ ____, but was transformed in the ___th century

Answer 42

common law | 19th

Question 43

Offenses that required _______ intent – voluntary intoxication was an excuse.

Answer 43

specific

Question 44

Offenses that required specific intent – voluntary intoxication was an ______.

Answer 44

excuse

Question 45

Offenses that required general intent – voluntary intoxication was _____ an _______.

Answer 45

not an excuse

Question 46

Offenses that required _______ intent – voluntary intoxication was not an excuse.

Answer 46

general