Chapter 9 Powerpoint pt.1 Flashcards
An act that is ordinarily subject to a criminal penalty is considered to be justified and carries no criminal liability when it preserves an important ______ and ________ ______.
value
benefits society
An act that is ordinarily subject to a criminal penalty is considered to be _______ and carries no criminal liability when it preserves an important value and benefits society.
justified
_______ provide a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.
Excuses
What are valid excuses?
Legal insanity, age, intoxication, mental disease or defect, etc.
The ________ _______ is one of the most thoroughly studied and hotly debated issues in criminal law.
insanity defense
Defendants who rely on the _______ defense are typically required to provide notice to the prosecution.
insanity
Defendants who rely on the insanity defense are typically required to provide notice to the ___________.
prosecution
In most states, a separate ______ ___________ hearing is conducted to determine whether the defendant poses a danger and should be interned in a mental institution.
civil commitment
Defendant must show insanity at trial by offering _______ _________ to the _____.
expert testimony
fact
In some states, when found not-guilty by reason of insanity, defendant is committed to a ________ _________ until it is confirmed that defendant no longer poses a danger to society.
mental institution
Civil commitment hearings are often conducted to determine defendant’s danger to _______.
society
______ ____________ hearings are often conducted to determine defendant’s danger to society.
Civil commitment
The insanity defense is important for what three reasons?
(1) to ensure only those with free will are punished
(2) it would be cruel to seek retribution against those unable to control their actions
(3) such an individual may still pose a danger to society and thus need professional treatment
Insanity defense is distinct from a ___________ __ _________ to stand trial.
determination of competency
During trial, __________ would testify surrounding the insanity claim.
witnesses
True or False: The nature of the defendant’s criminal conduct is important
True
Why do we have the insanity defense?
(1) Free will
(2) Theories of punishment
(3) Humanitarianism
_____ ____ – the defendant did not make a deliberate decision to violate the law.
Free will
________ __ __________ – a defendant who is unable to distinguish right from wrong or to control his or her conduct cannot be deterred by criminal punishment, and it would be cruel to seek retribution for acts that result from a disability.
Theories of punishment
_____________– an individual found NGRI may pose a continuing danger to society. He or she is best incapacitated and treated by doctors in a noncriminal rather than criminal environment.
Humanitarianism
What are the four tests for insanity?
(1) M’Naghten
(2) Irresistible Impulse
(3) Durham Product Test
(4) American law Institute, Model Penal Code standard
______ ____ _______ – the fundamental difference among these tests is whether the emphasis is placed on a defendant’s ability to know right from wrong or whether the stress is placed on a defendant’s ability to control his or her behavior.
Tests for Insanity
Which test for insanity is this: used by most states and the federal government?
M’Naghten
Which test for insanity is this: defendant, at the time of the crime, suffered from such a defect of reason that defendant “did not know what defendant was doing” or “did not know right from wrong”?
M’Naghten
Which test for insanity is this: a “disease of the mind” caused defendant to not know right from wrong, destroyed defendant’s free will, and was the sole cause of the act?
Irresistible Impulse
Which test for insanity is this: the act was a product of a mental disease or defect?
Durham Product
Which test for insanity is this: defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law?
American law Institute, Model Penal Code standard
Insanity is distinct from ___________ to ______ ______ which states that defendants should not be subjected to criminal trial unless they possess the ability to intelligently assist their attorney and to understand and follow the trial.
competence
stand trial
________, the inability to distinguish between reality and fantasy, is the most common mental disorder or defect that results in legal insanity under the M’Naghten Test
Psychosis
_________ or _________ _________ are generally not considered to fall within the notion of a mental disease or defect, under the M’Naghten Test.
Sociopathic
personality disorders
The M’Naghten Test is also known as the _____-______ Test .
Right-Wrong
The _________ Test is also known as the Right-Wrong Test .
M’Naghten
Several jurisdictions abolished the _________ _______ defense and the U.S. Congress adopted the John Hinckley Amendment that eliminated the defense in federal trials and adopted a strict M’Naghten standard.
Irresistible Impulse
Several jurisdictions abolished the Irresistible Impulse defense and the U.S. Congress adopted the _____ ________ Amendment that eliminated the defense in federal trials and adopted a strict M’Naghten standard.
John Hinckley
Several jurisdictions abolished the Irresistible Impulse defense and the U.S. Congress adopted the John Hinckley Amendment that eliminated the defense in federal trials and adopted a strict _________ standard.
M’Naghten
Durham Product Test of insanity, attempted to simplify the determination of legal insanity by eliminating confusing ___________, but left the definition of a _______ _______ or _______ undefined.
terminology
mental disease
defect
_______ _______ Test of insanity, attempted to simplify the determination of legal insanity by eliminating confusing terminology, but left the definition of a mental disease or defect undefined.
Durham Product
The American Law Institute Substantial Capacity (aka Model Penal Code Standard) Test, is a modified version of _________ and ________ _______ tests.
M’Naghten
Irresistible Impulse
The American Law Institute _________ _________ (aka ______ ______ _____ ________) Test, is a modified version of M’Naghten and Irresistible Impulse tests.
Substantial Capacity
Model Penal Code Standard
What characteristics are used in determining insanity by The American Law Institute Substantial Capacity Test?
(1) Appreciate
(2) Substantial Capacity
(3) Conform Conduct to Requirements of the Law
(4) Wrongfulness
_________ – a defendant may lack a substantial capacity to appreciate, rather than know, the criminality of his or her conduct
Appreciate
_________ ________ - requires that a defendant lack a substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Total impairment is not “workable.”
Substantial Capacity
________ ________ to ___________ of the ____ – does not use the word “impulse”
Conform Conduct
Requirements
Law
____________– defined as the ability to appreciate that the community morally disapproves of an act
Wrongfulness
