Chapter 9 Powerpoint pt.1

Question 1

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 ________ ______.

Answer 1

value

benefits society

Question 2

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.

Answer 2

justified

Question 3

_______ provide a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.

Answer 3

Excuses

Question 4

What are valid excuses?

Answer 4

Legal insanity, age, intoxication, mental disease or defect, etc.

Question 5

The ________ _______ is one of the most thoroughly studied and hotly debated issues in criminal law.

Answer 5

insanity defense

Question 6

Defendants who rely on the _______ defense are typically required to provide notice to the prosecution.

Answer 6

insanity

Question 7

Defendants who rely on the insanity defense are typically required to provide notice to the ___________.

Answer 7

prosecution

Question 8

In most states, a separate ______ ___________ hearing is conducted to determine whether the defendant poses a danger and should be interned in a mental institution.

Answer 8

civil commitment

Question 9

Defendant must show insanity at trial by offering _______ _________ to the _____.

Answer 9

expert testimony

fact

Question 10

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.

Answer 10

mental institution

Question 11

Civil commitment hearings are often conducted to determine defendant’s danger to _______.

Answer 11

society

Question 12

______ ____________ hearings are often conducted to determine defendant’s danger to society.

Answer 12

Civil commitment

Question 13

The insanity defense is important for what three reasons?

Answer 13

(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

Question 14

Insanity defense is distinct from a ___________ __ _________ to stand trial.

Answer 14

determination of competency

Question 15

During trial, __________ would testify surrounding the insanity claim.

Answer 15

witnesses

Question 16

True or False: The nature of the defendant’s criminal conduct is important

Answer 16

True

Question 17

Why do we have the insanity defense?

Answer 17

(1) Free will
(2) Theories of punishment
(3) Humanitarianism

Question 18

_____ ____ – the defendant did not make a deliberate decision to violate the law.

Answer 18

Free will

Question 19

________ __ __________ – 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.

Answer 19

Theories of punishment

Question 20

_____________– 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.

Answer 20

Humanitarianism

Question 21

What are the four tests for insanity?

Answer 21

(1) M’Naghten
(2) Irresistible Impulse
(3) Durham Product Test
(4) American law Institute, Model Penal Code standard

Question 22

______ ____ _______ – 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.

Answer 22

Tests for Insanity

Question 23

Which test for insanity is this: used by most states and the federal government?

Answer 23

M’Naghten

Question 24

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”?

Answer 24

M’Naghten

Question 25

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?

Answer 25

Irresistible Impulse

Question 26

Which test for insanity is this: the act was a product of a mental disease or defect?

Answer 26

Durham Product

Question 27

Which test for insanity is this: defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law?

Answer 27

American law Institute, Model Penal Code standard

Question 28

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.

Answer 28

competence | stand trial

Question 29

________, 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

Answer 29

Psychosis

Question 30

_________ or _________ _________ are generally not considered to fall within the notion of a mental disease or defect, under the M'Naghten Test.

Answer 30

Sociopathic | personality disorders

Question 31

The M’Naghten Test is also known as the _____-______ Test .

Answer 31

Right-Wrong

Question 32

The _________ Test is also known as the Right-Wrong Test .

Answer 32

M’Naghten

Question 33

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.

Answer 33

Irresistible Impulse

Question 34

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.

Answer 34

John Hinckley

Question 35

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.

Answer 35

M’Naghten

Question 36

Durham Product Test of insanity, attempted to simplify the determination of legal insanity by eliminating confusing ___________, but left the definition of a _______ _______ or _______ undefined.

Answer 36

terminology mental disease defect

Question 37

_______ _______ 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.

Answer 37

Durham Product

Question 38

The American Law Institute Substantial Capacity (aka Model Penal Code Standard) Test, is a modified version of _________ and ________ _______ tests.

Answer 38

M’Naghten | Irresistible Impulse

Question 39

The American Law Institute _________ _________ (aka ______ ______ _____ ________) Test, is a modified version of M’Naghten and Irresistible Impulse tests.

Answer 39

Substantial Capacity | Model Penal Code Standard

Question 40

What characteristics are used in determining insanity by The American Law Institute Substantial Capacity Test?

Answer 40

(1) Appreciate (2) Substantial Capacity (3) Conform Conduct to Requirements of the Law (4) Wrongfulness

Question 41

_________ – a defendant may lack a substantial capacity to appreciate, rather than know, the criminality of his or her conduct

Answer 41

Appreciate

Question 42

_________ ________ - 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.”

Answer 42

Substantial Capacity

Question 43

________ ________ to ___________ of the ____ – does not use the word “impulse”

Answer 43

Conform Conduct Requirements Law

Question 44

____________– defined as the ability to appreciate that the community morally disapproves of an act

Answer 44

Wrongfulness