Random Test Bank Flashcards
The philosophical ideal of the U.S. government is to allow citizens the maximum degree of __________ consistent with preserving order in the community at large.
a) liberty
b) justice
c) independence
d) discipline
a) liberty
Frank suffers from schizophrenia. He has allegedly severely beaten another man in the park after an argument. While he is being examined by a psychologist to see if he is fit to stand trial, he is mandated to a mental health institution. This is an example of
a) civil commitment.
b) mandated reporting.
c) criminal commitment.
d) psychiatric commitment.
c) criminal commitment.
Criminal and civil commitment can be best distinguished by
a) whether the one being committed is insane.
b) whether a crime has been committed by the individual.
c) the severity of the symptoms and the crime committed.
d) the type of police intervention necessary.
b) whether a crime has been committed by the individual.
When a disordered mind may be regarded as unable to formulate and carry out a criminal purpose, it is called
a) insanity.
b) injustice.
c) liberty of illness.
d) justified commitment.
a) insanity.
The definition of “insanity” comes from __________
a) psychologists.
b) the American Psychological Association.
c) court proceedings.
d) all of the above.
c) court proceedings.
A legal argument based on the notion that the defendant should not be held responsible for an illegal act if it is attributable to mental illness or intellectual disability that interferes with rationality is called
a) insanity defense.
b) legal illness defense.
c) commitment hearing.
d) none of the above
a) insanity defense.
The insanity defense is used in less than __________ percent of legal cases.
a) .1
b) 1
c) 5
d) 8
b) 1
Some version of the insanity defense has been used since the
a) Middle Ages.
b) 7th century B.C.E.
c) 20th century
d) 21st century
b) 7th century B.C.E.
A pathological impulse or drive that the person could not control compelled that person to commit a criminal act. This type of crime would be addressed by the
a) Irresistible impulse rule.
b) M’Naghten rule.
c) American Law Institute Guidelines.
d) Insanity Defense Reform Act.
a) Irresistible impulse rule.
When a person did not know the nature and quality of the criminal act in which he or she engaged, or, if the person did know it, the person did not know what he or she was doing wrong is an issue that is addressed by the
a) Irresistible impulse rule.
b) M’Naghten rule.
c) American Law Institute Guidelines.
d) Insanity Defense Reform Act.
b) M’Naghten rule.
When a person’s criminal act is a result of severe mental illness or defect that prevents the person from understanding the nature of his or her crime, it is addressed by the
a) Irresistible impulse rule.
b) M’Naghten rule.
c) American Law Institute Guidelines.
d) Insanity Defense Reform Act.
d) Insanity Defense Reform Act.
If a person can be found legally guilty of a crime – thus maximizing the chances of incarceration – and the person’s mental illness plays a role in how he or she is dealt with, it is addressed by the notion of
a) Guilty but mentally ill.
b) Irresistible impulse.
c) M’Naghten rule.
d) Insanity Plea.
a) Guilty but mentally ill.
George killed his two children because he believed he heard voices telling him that if he did not kill them, his neighbor would. His defense attorney argued that due to George’s insanity at the time of the crime, he should not be held responsible for the crime and should thus be acquitted of the crime. Which of the following best describes the plea that George’s defense attorney made?
a) Not Guilty but Mentally Ill
b) The Durham test
c) Not Guilty by Reason of Insanity
d) Guilty but Mentally Insane
c) Not Guilty by Reason of Insanity
If an individual is acquitted on a Not Guilty by Reason of Insanity plea, he or she is
a) committed to a forensic hospital for an indefinite amount of time.
b) generally placed in a maximum security prison.
c) able to walk free, but with strict requirements for outpatient psychiatric treatment.
d) placed in a psychiatric hospital until he or she is deemed ready to reenter society.
a) committed to a forensic hospital for an indefinite amount of time.
If an individual is judged to be Guilty but Mentally Ill, he or she
a) is always put in the general prison population.
b) may be committed to a prison hospital or other type of suitable psychiatric facility.
c) is placed in a psychiatric hospital until he or she is deemed ready to reenter society.
d) will receive inpatient psychiatric treatment at a local psychiatric hospital before being moved into the general prison population.
b) may be committed to a prison hospital or other type of suitable psychiatric facility.
Insanity defense trials typically involve
a) considerable flexibility in determining who is responsible for criminal actions.
b) subjective determinations of competency at the time of a crime.
c) individuals with antisocial personality and no other significant mental disorders.
d) all of the above.
b) subjective determinations of competency at the time of a crime.
The M’Naghten rule states that the insanity defense is appropriate if a person
a) has an irresistible impulse leading him or her to commit a crime.
b) has a diagnosable mental illness.
c) is not competent to stand trial.
d) did not know right from wrong at the time of the criminal act.
d) did not know right from wrong at the time of the criminal act.
According to the American Law Institute guidelines, which of the following mental disorders would not qualify for the insanity defense?
a) paranoid schizophrenia
b) dissociative identity disorder
c) post-traumatic stress disorder
d) antisocial personality disorder
d) antisocial personality disorder
A primary purpose of the American Law Institute guidelines for defining the insanity defense was to
a) avoid specifying symptoms of mental illness that might later become obsolete.
b) be more specific and informative to lay jurors.
c) allow greater leeway for expert witnesses to define the concept of mental illness.
d) open the defense to the full range of mental illnesses.
b) be more specific and informative to lay jurors.
A major result of the Insanity Defense Reform Act was
a) to require that a documented, preexisting mental condition exist at the time of a crime in order to use an insanity defense.
b) to clarify what specific crimes may be associated with insanity.
c) to restrict the insanity defense to multiple offenders.
d) to eliminate the irresistible impulse as a plausible insanity defense.
d) to eliminate the irresistible impulse as a plausible insanity defense.
The Insanity Defense Reform Act shifted the burden of proof onto the
a) defense.
b) prosecution.
c) expert witness.
d) judge.
a) defense.
According to the Insanity Defense Reform Act, a person who is deemed not guilty by reason of insanity
a) must be suffering from at least a moderate mental illness.
b) may be hospitalized for longer than the maximum allowable time for their crime.
c) must lack the overall capacity to appreciate the wrongfulness of their behavior.
d) all of the above.
b) may be hospitalized for longer than the maximum allowable time for their crime.
What verdict has been proposed most recently for mentally ill persons who commit crimes?
a) guilty (no allowance made for mental illness)
b) not guilty by reason of insanity
c) not guilty by reason of temporary insanity
d) guilty but mentally ill
d) guilty but mentally ill
What is the rationale for laws that provide for legal verdicts of “guilty but mentally ill?”
a) to prevent the truly insane from being treated as criminals.
b) to provide treatment options for convicted criminals while still holding them responsible for their actions.
c) to deal with mentally ill vagrants.
d) to permit consideration of whether the accused could appreciate the wrongfulness of his or her actions.
b) to provide treatment options for convicted criminals while still holding them responsible for their actions.
Patrick was found guilty of murdering his wife. Psychiatrists testified that Patrick had paranoid schizophrenia and that his delusions led directly to the criminal act. If his state allows the guilty but mentally ill verdict, what sentence would Patrick likely receive?
a) Psychiatric commitment until a psychiatrist determines that he is cured of his mental illness.
b) Psychiatric commitment until a psychiatrist determines that he is no longer dangerous.
c) A criminal sentence but with psychiatric care provided during the incarceration.
d) The same criminal sentence as a non-mentally ill person convicted of murder.
c) A criminal sentence but with psychiatric care provided during the incarceration.
The case of Jeffrey Dahmer exemplifies
a) the plea of not guilty by reason of insanity.
b) the distinction between mentally ill and insane.
c) the aggressive behaviors of antisocial personality disorder.
d) how a psychologically healthy person can be temporarily insane.
b) the distinction between mentally ill and insane.
The Jones v. United States case illustrated which problem with the insanity defense?
a) Mentally ill people may still be guilty of crimes.
b) People deemed to be insane may be treated for longer than they would have been imprisoned.
c) Committed patients have a right to refuse treatment.
d) People may have been insane at the time of the crime but still competent to stand trial.
b) People deemed to be insane may be treated for longer than they would have been imprisoned.
What is the distinction between insanity and competency to stand trial?
a) Insanity is more serious than incompetency.
b) Competency, but not insanity, concerns persons accused of a crime.
c) Someone found competent to stand trial cannot also be found insane.
d) Insanity and competency concern different points in time during which the person’s mental state is being questioned.
d) Insanity and competency concern different points in time during which the person’s mental state is being questioned.
You are an attorney appointed to represent a poor client accused of rape who has a history of mental illness. During your first several meetings, the man is completely incoherent. Which of the following issues should you address first?
a) competency to stand trial
b) possibility of mens rea
c) a possible insanity defense
d) possible civil commitment
a) competency to stand trial
The difference between “insanity” and “competency” is that
a) insanity involves a person’s state at the time of the crime.
b) insanity is a legal, not a mental health, category
c) insanity has less serious consequences.
d) the criteria for insanity are more clear-cut.
a) insanity involves a person’s state at the time of the crime.