Deck 9: Insanity, Criminal Responsibility, and Diminished Capacity

Question 1

Which is true of Guilty But Mentally Ill GBMI) alternatives?

A) GBMI originated as an alternative to insanity in Canada.
B) GBMI has replaced NGRI as the insanity standard in almost half of all states.
C) The original intent of these laws was to serve as a as an alternative to competency
D) The availability of GBMI as a verdict choice shifts juror verdicts, both guilty and NGRI, toward GBMI.

Answer 1

The availability of GBMI as a verdict choice shifts juror verdicts, both guilty and NGRI, toward GBMI.

Question 2

Which insanity standard is generally considered to be the most conservative in its original form?

A) ALI
B) Durham
C) M'Naghten
D) Wild beast test

Answer 2

M'Naghten

Question 3

Which insanity standard has also been referred to as the product rule?

A) ALI
B) Durham
C) Brawner
D) M'Naghten

Answer 3

Durham

Question 4

Insanity is a _________________.

A) legal term
B) psychiatric term
C) psycholegal term
D) psychological term

Question 5

_________________ was a case that confronted the Supreme Court with denying or imposing a constitutional right to the insanity defense, which it failed to address directly.

A) Clark v. Arizona
B) Reagan v. Hinkley
C) People v. McQuillan
D) Yates v. State of Texas

Question 6

Which of the following is true of the prior history of individuals facing insanity?

A) They are less likely to have a history of multiple arrests and multiple hospitalizations.
B) They are more likely to have a history of multiple arrests and multiple hospitalizations.
C) They are more likely to have a history of multiple arrests but not multiple hospitalizations.
D) They are less likely to have a history of multiple arrests but are more likely to have a history of multiple hospitalizations.

Question 7

Which of the following does not influence mock juror's verdicts in insanity cases?

A) Jury instructions
B) Prior knowledge of insanity
C) The standard for insanity
D) The availability of a GBMI alternative

Question 8

Which of the following statements is not true about the insanity defense?

A) Insanity requires the presence of a mental illness.
B) A finding of insanity removes legal responsibility from the defendant.
C) In order to be found insane, a person does not need to be accused of a crime.
D) An insanity defense evaluation focuses on the defendant's mental state at the time of the crime.

Question 9

Which of the following is the earliest formalized standard of insanity?

A) Brawner
B) M'Naghten
C) Wild beast test
D) Talmudic standard

Question 10

The standard of proof in federal insanity cases is _______________.

A) clear but reversible error
B) beyond a reasonable doubt
C) clear and convincing evidence
D) preponderance of the evidence

Question 11

Which of the following is not true regarding the differences between automatism and insanity?

A) Insanity requires the presence of a mental illness, automatism does not.
B) The defense has the burden of proof with automatism as a defense.
C) Insane persons generally are unconscious during their behavior.
D) An automatism defense has nothing to do with mens rea.

Question 12

Which standard for insanity has both a cognitive and volitional element?

A) ALI
B) Brawner
C) M'Naghten
D) Wild beast test

Question 13

Which diagnosis is the most frequent among individuals who plead insanity?

A) Depression
B) Schizophrenia
C) Personality disorder
D) Substance abuse

Question 14

What approximate percentage of felony cases involves a plea of insanity?

A) 1%
B) 10%
C) 23%
D) 37%

Question 15

Which is the most frequently charged crime in individuals acquitted of insanity?

A) Murder
B) Robbery
C) Physical assault
D) Property damage

Question 16

Another name that is commonly used for insanity is ___________.

A) mens rea
B) actus reus
C) provisional insanity
D) mental state at the time of the offense

Question 17

All of the following are reasons insanity evaluations are difficult except that ________________.

A) they are retrospective
B) the legal criteria for insanity is often unclear
C) there is less reliance on third party information
D) there are no universally accepted interviews or tests for insanity

Question 18

Which insanity standard has included an irresistible impulse test at times?

A) ALI
B) Durham
C) Brawner
D) M'Naghten

Question 19

All of the following are true of the Insanity Defense Reform Act except:

A) It barred ultimate issue testimony.
B) It placed the burden of proof on the defendant.
C) It removed the volitional prong from Brawner i.e. ALI).
D) It increased the length of time necessary for treatment if acquitted NGRI.

Question 20

Which of the following is true of the ALI rule?

A) It is also referred to as the product rule.
B) It is the least employed standard of the major three.
C) It was seen as a compromise compared to other standards.
D) It was the standard proposed by the United States Supreme Court.

Question 21

According to the literature, which item is most closely related to the revocation of insanity acquittees that are conditionally released?

A) Years of education
B) Higher levels of supervision
C) A psychotic disorder diagnosis
D) Having been committed for a sex offense

Question 22

Which statement regarding the Insanity Defense Reform Act is false?

A) The volitional prong of Branwer was removed
B) Ultimate issue testimony was bared
C) The burden of proof was placed on the prosecution.
D) The standard of proof became clear and convincing evidence.

Question 23

Describe the different standards of insanity and how they differ from one another.

Question 24

According to Gowensmith, Murrie, and Boccaccini 2012), experts tended to agree in their determinations of insanity when the defendant

A) had a psychotic disorder.
B) had no history of prior hospitalization.
C) was under the influence of alcohol or drugs.
D) hired only psychologists for their expert witness.

Question 25

The ruling in _________________ prohibited mental health professionals from testifying about the connection between a mental disease and criminal behavior, eliminating ultimate issue testimony.

A) State v. Pike
B) Foucha v. Louisiana
C) Washington v. United States
D) People v. McQuillan

Question 26

All of the following were identified by experts as elements central to conducting insanity evaluations except:

A) psychiatric history
B) police information
C) current mental status
D) interview with the victims

Question 27

Which statement regarding the Guilty But Mentally Ill GBMI) verdict is frequently false?

A) GBMI is not equivalent to the standard of insanity.
B) GBMI defendants receive special mental health treatment
C) A GBMI defendant receives an identical sentence as someone found guilty.
D) If found GBMI, the time spend in a psychiatric hospital counts as part of the defendant's sentence.

Question 28

Which insanity standard incorporates cognitive, affective, and volitional aspects of mental illness?

A) Wild Beast Standard
B) M'Naghten
C) The Product Rule and Durham
D) American Law Institute and Brawner

Question 29

What are three other issues involving criminal responsibility outside of insanity?

Question 30

Define insanity and distinguish it from competency and civil commitment.

Question 31

Differentiate between the terms "nature" and "quality" as they relate to the M'Naghten standard, then give an example of each.

Question 32

An example of _________________ would be an individual that creates a crime after his drink is unknowingly spiked.

A) negligence
B) automatism
C) intoxication
D) diminished capacity

Question 33

An example of ________________ would be an individual that has a seizure while driving on the highway, consequently hitting and killing another individual.

A) negligence
B) automatism
C) intoxication
D) diminished capacity

Question 34

Identify four insanity myths and explain why they are myths.