Exam 2 - Textbook Terms Chapters 10 Flashcards
_________ - The physical act of committing a crime.
actus reus (“ guilty act”)
_________ - A defense in which the defendant bears the burden of proof in a trial, such as a legal finding of insanity in most jurisdictions.
affirmative defense
_________ - A definition of insanity proposed by the American Law Institute (ALI): “A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.”
ALI standard
clinical psychologists and psychiatrists -Experts in the study and treatment of various forms of psychological _________ and _________
- dysfunction
- mental illness.
_________- An insanity test that emphasizes knowing and understanding whether one’s actions are right or wrong.
cognitive test
_________ - A perspective on punishment that suggests that an individual offender should be punished so that he or she learns that committing a crime leads to punishment
deterrence
_________ - The idea is that instilling fear of punishment in people will prevent future criminal acts.
general deterrence
_________ - An insanity standard under which the defendant is not held criminally liable if the crime was caused by a mental illness.
Durham standard (or product test)
_________ - The highest charge of homicide, requiring that the perpetrator engaged knowingly in the premeditated killing of another human being.
first-degree murder
_________ - A perspective on punishment that suggests that an individual offender should be punished so that other similarly situated individuals will vicariously learn that such actions lead to punishment. The idea is that instilling fear of punishment in people will prevent future criminal acts.
general deterrence
_________ - An alternative verdict in which the defendant is found guilty of the crime and sentenced to prison, but with the requirement that the defendant receive treatment for his or her mental health problems.
guilty but mentally ill (GBMI)
_________ - A legal concept referring to a criminal’s state of mind at the time the crime was committed. It requires that, due to a mental illness, a defendant lacks moral responsibility and culpability for the crime and therefore should not be punished.
insanity
_________ - A 1984 federal law passed after the Hinckley trial, requiring that there be a presumption of sanity and that defendants prove “by clear and convincing evidence” that they were insane at the time of the crime.
Insanity Defense Reform Act (IDRA)
_________ - An insanity defense based on the defendant’s inability to control his or her behavior at the time of the offense, even if the defendant may have known the act was wrong.
irresistible impulse
_________ - An awareness of the wrongfulness of one’s criminal conduct. In modern times, the term has come to refer to blameworthiness in a general sense and, more specifically, to various legally specified mental states (e.g., premeditation) necessary to commit certain crimes.
mens rea (“ guilty mind”)
_________ - A test that attempts to assess whether a defendant’s crimes were influenced by a significant mental disorder.
Mental State at the Time of Offense Screening Evaluation (MSE)
_________ - The most common insanity standard in the United States. It consists of three components: (1) a presumption that defendants are sane and responsible for their crime; (2) a requirement that, at the moment of the crime, the accused must have been laboring “under a defect of reason, from disease of the mind”; and (3) a requirement that the defendant “did not know the nature and quality of the act he was doing,” or (4) “if he did know it, that he did not know what he was doing was wrong.”
M’Naghten rule
M’Naghten rule - The most common insanity standard in the United States. It consists of three components: (1) a presumption that defendants are _________ and responsible for their crime; (2) a requirement that, at the moment of the crime, the accused must have been laboring “under a _________ of reason, from disease of the mind”; and (3) a requirement that the defendant “did not know the _________ and quality of the act he was doing,” or (4) “if he did know it, that he did not know what he was doing was _________.”
- sane
- defect
- nature
- wrong
_________ - A legal approach intending to show a link between brain abnormalities and an individual’s illegal behavior.
neurolaw
_________ - A defense that suggests that the defendant, because of his or her insanity, should not be held criminally responsible.
not guilty by reason of insanity (NGRI)
_________ - A test of the irresistible impulse insanity defense, requiring that the defendant’s impulse had to be so overwhelming that he or she would have committed the act even if a police officer had been standing beside the defendant at the time of the crime.
policeman at the elbow test
policeman at the elbow test - A test of the irresistible impulse insanity defense, requiring that the defendant’s impulse had to be so overwhelming that he or she would have committed the act even if a _________ had been standing beside the defendant at the time of the crime.
police officer
_________ - A perspective on punishment that suggests that punishment for a crime should be proportionate to the harm caused. It is intended to make the harmed party feel that justice has been served by punishing the perpetrator.
retribution (or just deserts)
_________ - A forensic assessment instrument that attempts to translate the legal standards of insanity into components such as the ability to control one’s thoughts and the ability to control one’s behavior.
Rogers Criminal Responsibility Assessment Scales (R-CRAS)
