Question 1

At common law, in what ages was there a rebuttable presumption that a child did not to have the capacity to commit the crime?

Accepted Answer

At common law, there was a rebuttable presumption that a child between the ages of 7 and 14 did not have the capacity to commit a crime because they were considered to be under the age of reason and unable to understand the consequences of their actions. Children under the age of 7 were deemed to be incapable of committing a crime and were therefore not held criminally responsible.

Question 2

At common law, a child under what age was conclusively presumed to be incapable of having the necessary criminal intent and could not commit a crime.

Accepted Answer

At common law, a child under the age of 7 was conclusively presumed to be incapable of committing a crime due to the inability to form the necessary criminal intent.

Question 3

According to the Model Penal Code, if a juvenile was between what ages at the time of the offense, the juvenile court, after a hearing, may enter an order waiving jurisdiction and the case will be transferred to adult criminal court.

Accepted Answer

B

Question 4

This is a legal term, not a medical term, and refers to any mental illness that meets the legal threshold for incapacity.

Accepted Answer

Insanity is the legal term for any mental illness that meets the legal threshold for incapacity. It refers to a condition in which an individual's ability to reason, understand, and control their behavior is significantly impaired. Insanity is a legal defense used in criminal trials to argue that the defendant was not fully responsible for the crime due to their mental condition at the time of the offense.

Question 5

A type of mental incapacity; specifically, that the defendant's mental state was such at the time of the crime, that he should not be held responsible for his crime.

Accepted Answer

The description given in the question matches the definition of insanity defense, which argues that the defendant was suffering from a mental illness at the time of the crime and was therefore unable to understand the nature of the crime or to control his behavior according to the law. This defense seeks to establish that the defendant should not be held criminally responsible for his actions due to his mental incapacity.

Question 6

Another name for the right and wrong test.

Accepted Answer

The M'Naghten Rule, also known as the right and wrong test, is the most widely used test for determining criminal responsibility in the United States. It asks whether the defendant knew what they were doing was wrong or not at the time of the crime. The other choices listed are also legal tests, but they are not specifically synonymous with the right and wrong test.

Question 7

This test determines whether the defendant lacked "substantial capacity" to conform his behavior to the law.

Accepted Answer

The A.L.I. Test, also known as the Model Penal Code test, includes the criterion of lacking "substantial capacity" to conform one's behavior to the law due to mental illness.

Question 8

A defense that allows an offender to claim that he or she avoided a greater evil by committing a crime.

Accepted Answer

The defense of necessity allows an offender to claim that they had no other choice but to commit the crime because it was necessary to avoid a greater evil, such as saving someone's life or preventing harm to themselves. Examples of the necessity defense include breaking into a home to escape a natural disaster or stealing food to prevent starvation. It is important to note that this defense can only be used in limited circumstances and the harm caused by the crime must be proportional to the harm avoided.

Question 9

A defense that law enforcement officers enticed the person to commit a crime who had no pre-existing disposition to do so.

Accepted Answer

Entrapment is when law enforcement officers induce or persuade someone to commit a crime that they would not have otherwise committed, and who has no pre-existing disposition or intent to commit such a crime. The use of threats, intimidation, harassment, fraud, or any other type of coercion to induce someone to commit a crime can also constitute entrapment. In contrast, self-defense refers to using force to protect oneself from imminent harm, bribery involves offering or receiving something of value in exchange for a favor, and necessity refers to committing a crime in order to prevent greater harm or danger.

Question 10

Arguing that you did not know the goods were stolen and thought they were purchased; therefore, you should not be found guilty of receipt of stolen property is an example of

Accepted Answer

Arguing that you did not know the goods were stolen and thought they were purchased is an example of mistake of fact, which is a defense in criminal law that applies when the defendant incorrectly perceives the circumstances surrounding their actions. It differs from mistake of law, which concerns ignorance of the law itself. Incompetence and excuse are not applicable in this scenario.

Question 11

An individual who cannot help in his or her own defense is ______.

Accepted Answer

If an individual cannot help in his or her own defense, they may be considered incompetent to stand trial. This means they are unable to understand the nature and consequences of the legal proceedings against them or assist in their defense.

Question 12

Intoxication, Post-Partum Depression (PPD) Syndrome, and Post-Traumatic Stress Syndrome are all examples of ______.

Accepted Answer

Intoxication, PPD, and PTSD can all potentially impact a person's ability to make rational decisions or understand the consequences of their actions, leading to diminished capacity rather than complete lack of competency, culpability, or insanity.

Question 13

This defense holds that, except in the case of homicide, an act that would otherwise be a crime may be excused when committed under compulsion that is imminent and produces a well-grounded apprehension of death or serious bodily harm.

Accepted Answer

This defense is known as "duress" and allows a defendant to argue that they committed a crime because they were under imminent threat of death or serious bodily harm. It is not applicable to the crime of homicide, as that involves the taking of a life. Diminished capacity, entrapment, and insanity are all separate defenses with different legal requirements.

Question 14

This is not a defense to a crime unless the law in question is so obscure that a "reasonable person" would not be expected to know of it.

Accepted Answer

Mistake of the law is not a defense to a crime unless the law is so obscure that a reasonable person would not be expected to know it. Mistake of the facts, mistake of the intended victim, and mistake of the jurisdiction are not valid defenses to a crime.

Question 15

A defense in which a defendant charged with a crime may claim that he should not be tried for that offense because the time limitation for prosecution has expired.

Accepted Answer

The defense described refers to the statute of limitations, which is a law that sets a time limit for prosecution of a crime. Once that time has expired, a defendant cannot be tried for that offense. Duress, mistake of law, and entrapment are other types of defenses that a defendant may use in a criminal trial, but they do not involve the expiration of the statute of limitations.

Question 16

Insanity and incompetency to stand trial are the same findings and the standards for determining each are the same.

Accepted Answer

Insanity refers to a defendant's mental state at the time of the offense, while incompetency to stand trial refers to a defendant's current mental state in regards to their ability to understand and participate in the legal proceedings. The standards and criteria for determining each differ.

Question 17

Postpartum depression syndrome is a type of diminished capacity.

Accepted Answer

Postpartum depression syndrome is a mental health disorder that can affect women after childbirth, causing them to experience symptoms such as intense sadness, anxiety, and exhaustion. This can result in a reduced capacity to cope with daily life and can have a significant impact on a mother's ability to care for herself and her child. Therefore, it can be considered a type of diminished capacity.

Question 18

Diminished capacity defenses are used when the defendant is not legally insane, but his or her mental condition does call into question whether the required mens rea for the crime could be formed.

Accepted Answer

Diminished capacity defenses do not argue that the defendant is legally insane, but instead question whether their mental state prevented them from forming the necessary intent for the crime.

Question 19

The defense of battered spouse/woman syndrome is generally available to women who hire a third party to commit the act.

Accepted Answer

The defense of battered spouse/woman syndrome typically applies to women who commit the act of violence themselves in response to chronic abuse, rather than hiring a third party to do so on their behalf.

Question 20

Mistakes of fact may be a defense if they negate an element of the crime.

Accepted Answer

Mistakes of fact can be a defense if they negate an element of the crime. For example, if a person mistakenly believes that a piece of property belongs to them and takes it, they may have a defense of mistake of fact if the element of "intent to steal" requires knowledge that the property does not belong to them.

Quiz 3: Capacity and Defenses