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Q:
Georgia took her child to the emergency room with injuries on her legs and back. When doctors asked her how the child received the injuries, Georgia broke down weeping and said she beat her daughter two days ago but had just gotten her period.
Which of the following obstacles is not one that Georgia is likely to face regarding her defense?
a. proving her problem is a disease.
b. proving she suffers from a disease.
c. proving the disease caused the mental impairment that excuses her from beating her child.
d. proving she suffered from a medically diagnosed form of diminished capacity.
Q:
Georgia took her child to the emergency room with injuries on her legs and back. When doctors asked her how the child received the injuries, Georgia broke down weeping and said she beat her daughter two days ago but had just gotten her period.
In using the previous defense, how many obstacles might Georgia face?
a. two.
b. three.
c. four.
d. five.
Q:
Georgia took her child to the emergency room with injuries on her legs and back. When doctors asked her how the child received the injuries, Georgia broke down weeping and said she beat her daughter two days ago but had just gotten her period.
What defense might Georgia try to use in court?
a. premenstrual syndrome.
b. post-traumatic stress disorder.
c. battered woman syndrome.
d. holocaust survivor syndrome.
Q:
Tony is playing basketball with some friends. A stranger walks onto the basketball court and pulls out a gun. The stranger tells Tony to take all of his friend's money and give it to him or he will shoot him. Tony takes the wallets from his friend's and gives the stranger their money.
Tony will most likely not be charged with a crime because
a. sometimes okay to excuse people who harm innocent people to save themselves.
b. sometimes okay to forgive people who harm innocent people to save themselves
c. sometimes okay to persecute people who harm innocent people to save themselves
d. sometimes okay to ignore people who harm innocent people to save themselves
Q:
Tony is playing basketball with some friends. A stranger walks onto the basketball court and pulls out a gun. The stranger tells Tony to take all of his friend's money and give it to him or he will shoot him. Tony takes the wallets from his friend's and gives the stranger their money.
If Tony is charged with a crime what element of his defense might be at issue?
a. nature of the threat.
b. immediacy of the threat.
c. level of belief regarding the threat.
d. all of these elements might be at issue
Q:
Tony is playing basketball with some friends. A stranger walks onto the basketball court and pulls out a gun. The stranger tells Tony to take all of his friend's money and give it to him or he will shoot him. Tony takes the wallets from his friend's and gives the stranger their money.
What would prevent Tony from being charged with a crime?
a. the defense of duress.
b. the defense of consent.
c. the defense of insanity.
d. the defense of diminished capacity.
Q:
Steve is eight years old and was walking home from school when a twelve year old neighbor boy (Joey) tells him he has candy at his house and to come over and eat some with him. Steve goes to Joey's house where he eats candy with Joey. After they are done eating Joey takes out a knife and stabs Steve eight times in the chest killing him.
Criteria for making the waiver decision for Joey approved by the U.S. Supreme Court would include
a. the seriousness of the offense.
b. whether the offense was against a person.
c. the amount of evidence against Joey.
d. the seriousness of the offense, whether the offense was against a person, and the amount of evidence against Joey
Q:
Steve is eight years old and was walking home from school when a twelve year old neighbor boy (Joey) tells him he has candy at his house and to come over and eat some with him. Steve goes to Joey's house where he eats candy with Joey. After they are done eating Joey takes out a knife and stabs Steve eight times in the chest killing him.
The court wishes to prosecute Joey as an adult. Which of the following is not one of the ways Joey can be waived to adult court?
a. judicial waiver.
b. prosecutorial waiver.
c. legislative waiver.
d. executive waiver.
Q:
Marissa is at a party when her friend, John, hands her a glass filled with liquid. She asks her friend what is in it and John tells her it contains beer. Marissa drinks the beer which is also laced with LSD. While intoxicated she believes that John is trying to kill her and stabs him with a kitchen knife killing him.
The reason that Marissa might be excused for her crime is
a. she could not be held accountable for her actions.
b. she was experiencing diminished capacity when she stabbed John.
c. John is a jerk and deserved what he got.
d. her crime was one of self-defense.
Q:
Marissa is at a party when her friend, John, hands her a glass filled with liquid. She asks her friend what is in it and John tells her it contains beer. Marissa drinks the beer which is also laced with LSD. While intoxicated she believes that John is trying to kill her and stabs him with a kitchen knife killing him.
What excuse would Marissa likely use if she is tried for murder?
a. consent.
b. voluntary intoxication.
c. justification.
d. involuntary intoxication.
Q:
Alan Dershowitz wrote a book about which of the following?
a. syndrome defenses.
b. insanity defenses.
c. juvenile defenses.
d. diminished capacity defenses.
Q:
How many elements are there in the defense of duress?
a. three.
b. four.
c. five.
d. six.
Q:
Waivers to adult court come in three varieties. Which of the following is not one of those varieties?
a. judicial.
b. prosecutorial.
c. legislative.
d. executive.
Q:
The shift from the philosophy of rehabilitation to retribution has led to
a. more juveniles at younger ages being tried as adults.
b. fewer juveniles at younger ages being tried as adults.
c. no change in the number of juveniles being tried as adults.
d. none of these answers is correct.
Q:
The common law divided children into how many categories for the purpose of deciding their capacity to commit crimes?
a. two.
b. three.
c. four.
d. none.
Q:
Diminished responsibility is a defense of
a. justification
b. insanity
c. excuse
d. exception
Q:
Diminished capacity is what kind of defense?
a. failure-of-proof
b. affirmative.
c. excuse.
d. insanity.
Q:
Defendants who plead the insanity defense successfully
a. go free.
b. face civil commitment.
c. go to jail instead of prison.
d. face community service.
Q:
Defendants who plead the insanity defense
a. rarely succeed.
b. usually succeed.
c. never succeed.
d. always succeed.
Q:
Which of the following is not one of the popular myths regarding the insanity defense?
a. the insanity defense is overused.
b. the use of the insanity defense is limited to murder cases.
c. there is no risk to the defendant who pleads insanity.
d. criminal defendants who plead insanity are usually insane.
Q:
Current trends favor shifting the burden of proof for insanity to
a. prosecutors.
b. litigants.
c. judges.
d. defendants.
Q:
Which of the following is not an excuse for committing a crime?
a. voluntary intoxication
b. involuntary intoxication
c. insanity
d. duress
Q:
The insanity defense stands for the important proposition that we can only blame people who are
a. responsible.
b. sane.
c. insane.
d. irresponsible.
Q:
The objective test of entrapment focuses on
a. the actions of predisposed criminals.
b. the actions of white collar criminals.
c. the actions of police.
d. the actions of mentally impaired offenders.
Q:
The subjective entrapment test is available for a defendant who can show the government
a. provided an opportunity for a mentally retarded individual to commit a crime.
b. caused a predisposed person to commit a crime.
c. caused an otherwise reasonable and law-abiding person to commit a crime.
d. provided an opportunity for a person predisposed to commit a crime.
Q:
Lorena Bobbitt claimed what defense?
a. insanity.
b. diminished capacity.
c. duress.
d. entrapment.
Q:
The entrapment defense arose primarily in response to police excesses in enforcing what laws?
a. violent crime
b. consensual crime
c. international
d. espionage
Q:
Which test focuses on criminal acts resulting from mental disease?
a. volitional incapacity
b. substantial incapacity
c. product-of-mental-illness
d. right-wrong
Q:
Which test focuses on defect in reason or cognition?
a. volitional incapacity
b. substantial incapacity
c. product-of-mental-illness
d. right-wrong
Q:
In the majority of states, duress is not a defense for
a. serious felonies.
b. misdemeanors.
c. theft.
d. murder.
Q:
In most jurisdictions, to establish the duress defense, the defendant must show that the threat of harm against him or her was
a. contingent.
b. foreseeable.
c. reasonable.
d. imminent.
Q:
What is the most common form of waiver in the United States?
a. prosecutorial
b. legislative
c. judicial
d. transfer
Q:
What legal term applies when a juvenile court gives up jurisdiction over a juvenile and transfers the case to the adult criminal court?
a. waiver
b. change of venue
c. change of jurisdiction
d. adjudication
Q:
Which test focuses on reason and self-control?
a. volitional incapacity
b. substantial capacity
c. product-of-mental-illness
d. right-wrong
Q:
At common law, children above what age were presumed to be capable of criminal intent just like adults?
a. 10
b. 12
c. 14
d. 16
Q:
The diminished capacity defense is available
a. in all states.
b. in most states, only when the insanity defense is raised.
c. only in few states.
d. in most states, but for felonies only.
Q:
Which test focuses on defect in self-control or will?
a. volitional incapacity
b. substantial incapacity
c. product-of-mental-illness
d. right-wrong
Q:
The defense of diminished capacity
a. is the same as the Durham insanity test.
b. asserts that the defendant's acts were involuntary.
c. involves a claim that because of mental illness the defendant did not have the required actus reus.
d. involves a claim that the defendant did not have the mens rea for the crime charged because of a mental disease or defect.
Q:
The right-wrong test focuses on defect in reason or
a. cognition.
b. standards.
c. knowing.
d. appreciation.
Q:
Defendants rarely plead insanity. Those who do
a. rarely succeed.
b. often succeed.
c. always succeed.
d. never succeed.
Q:
In the 1980s, the federal government and many states changed their insanity defenses after the insanity acquittal of
a. John Hinckley.
b. Bernhard Goetz.
c. Daniel M"Naghten.
d. David Neubauer.
Q:
New Hampshire and Maine were the only states to adopt what rule for the insanity defense?
a. the M"Naghten rule
b. the Durham rule
c. the substantial capacity rule
d. the right-wrong rule
Q:
What is another name for the product test?
a. the Durham rule
b. irresistible impulse
c. substantial capacity
d. the M"Naghten rule
Q:
The defense of insanity excuses criminal liability when it seriously damages defendants' capacity to control their acts and/or capacity to reason and
a. understand the wrongfulness of their conduct.
b. understand the harm of their conduct.
c. understand the evil of their conduct.
d. understand the stupidity of their conduct.
Q:
What word do those who criticize the use of the word "know" in insanity tests prefer?
a. understand
b. comprehend
c. cognate
d. appreciate
Q:
Which test of insanity from the Model Penal Code incorporates both the appreciation and control components of other tests?
a. Durham
b. M"Naghten
c. substantial capacity
d. irresistible impulse
Q:
Which test of insanity focuses on the defendant's inability to control their conduct?
a. Durham
b. irresistible impulse
c. right-wrong
d. M"Naghten
Q:
For purposes of insanity statutes, mental diseases do not include
a. psychosis.
b. schizophrenia.
c. paranoia.
d. psychopathic and sociopathic personalities.
Q:
Under the M"Naghten test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not know
a. that the behavior was against the law.
b. the identity of the victim.
c. that he had a mental disease or defect.
d. the nature and quality of the act.
Q:
What is the name of the right-wrong test of insanity?
a. the M"Naghten rule
b. the Durham rule
c. the McDonough rule
d. the Althusser rule
Q:
Defendants who plead an excuse defense admit what they did was wrong but argue that, under the circumstances,
a. they were not responsible for their actions.
b. they were not capable for their actions.
c. they were not reliable for their actions.
d. they were not constrained for their actions.
Q:
Which war led to the defense of post-traumatic stress disorder defense (PTSD)?
a. the Korean War
b. the Vietnam War
c. the Gulf War
d. the War on Terror
Q:
Which of the following is an obstacle to proving the PMS defense?
a. defendants have to prove that PMS is a disease
b. the defendant has to suffer from PMS
c. the PMS has to cause the mental impairment that excuses the conduct
d. all of these answers are obstacles to proving the PMS defense
Q:
Insanity excuses criminal liability
a. when the defendant is found to be mentally ill.
b. when the defendant had diminished capacity.
c. when it seriously damages defendants' capacity to control their acts
d. when the defendant was incompetent.
Q:
As an affirmative defense, defendants have to carry some of the burden of proving they have an excuse that will relieve them of
a. criminal responsibility.
b. civil responsibility.
c. a psychological diagnosis.
d. a mental illness.
Q:
Explain the difference between diminished capacity and diminished responsibility.
Q:
Discuss the burden of proof regarding the insanity defense. Include a discussion of the differences between the federal and state requirements.
Q:
A number of myths exist regarding the insanity defense. Discuss some of these myths and provide your own explanation as to why these myths exist.
Q:
Voluntary intoxication is no excuse for committing a crime: involuntary intoxication is. Explain why this is the case. Be sure to include a discussion of accountability and culpability.
Q:
Describe the four elements of the defense of duress. Explain how, depending on the requirements of different states, a defendant may or may not be able to use the defense of duress based on these four elements.
Q:
Why is entrapment a defense? Compare and contrast the two tests of entrapment.
Q:
What are syndrome excuses? Why should they be taken seriously?
Q:
What impact did the acquittal of John Hinckley have on the insanity defense in the U.S.? Be sure to provide examples.
Q:
What are the two major approaches to the entrapment defense? Which one do you think is best? Be sure to explain your position.
Q:
Discuss, define, compare, and contrast the four major tests of insanity. Which one do you think is best? Be sure to explain your position.
Q:
Under the ___________ test of entrapment, the government can introduce evidence of the defendant's prior convictions for similar offenses.
Q:
The product-of-mental illness or ___________ test of insanity basically asks if the mental illness caused the crime.
Q:
It is sometimes okay to excuse people who harm ___________ people to save themselves.
Q:
___________ intoxication is a defense.
Q:
To establish the insanity defense, it must be shown that the defendant suffered from a mental disease or ___________.
Q:
The right-wrong test of insanity is also known as the ___________ test.
Q:
___________ intoxication is no excuse for committing a crime
Q:
Despite criticism of them, ___________ excuses should be taken seriously by the legal system.
Q:
If undercover police officers offer enticements or inducements to get persons to commit crimes, this could raise the ___________ defense.
Q:
Current trends favor shifting the burden of proof for ___________ to defendants.
Q:
PTSD can be treated either as a failure to prove the mental element or as an affirmative excuse defense.
Q:
For a long time, U.S. courts rejected the idea that entrapment excused criminal liability.
Q:
All states have established juvenile justice systems to handle juvenile delinquency.
Q:
Most states reject diminished capacity.
Q:
Diminished capacity is an affirmative defense in the sense that it excuses criminal conduct.