Q&A Hero

Q: Participants who are involved after the commission of a crime are guilty of a a. more serious offense. b. less serious offense. c. separate offense. d. separate, less serious offense.

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 not 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: ________________ is used in all societies even though it violates a basic purpose of government in free societies " to prevent crime, not to encourage it

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: A defendant with prior convictions for similar offenses would probably fare best in a jurisdiction that uses the subjective test of entrapment. a. true b. false

Q: A syndrome is defined as a group of symptoms typical of a particular disease or condition. a. true b. false

Q: Defendants who argue excuses such as Post-traumatic Stress Disorder or PMS rarely succeed. a. true b. false

Q: Most defendants who utilize the insanity defense do so successfully. a. true b. false

Q: The substantial capacity test has both mental and physical elements. a. true b. false

Q: The diminished capacity defense is available in most jurisdictions. a. true b. false

Q: The product-of-mental-illness test is also known as the right-wrong test of insanity. a. true b. false

Q: The defendant's predisposition to commit the crime is relevant in the objective test of entrapment. a. true b. false

Q: Most jurisdictions utilize the objective test of entrapment. a. true b. false

Q: In the majority of states, duress isn"t a defense to murder. a. true b. false

Q: At common law, children under seven years of age could not be guilty of a criminal offense. a. true b. false

Q: Diminished capacity and diminished responsibility are the same thing. a. true b. false

Q: Involuntary intoxication is a recognized defense in most, if not all, states. a. true b. false

Q: At common law, voluntary intoxication was not a defense. a. true b. false

Q: In all states and the federal courts, the defendant must prove insanity beyond a reasonable doubt. a. true b. false

Q: The right-wrong test focuses on defect in reason or cognition. a. true b. false

Q: In criminal law, the insanity defense is a legal concept, not a medical diagnosis. a. true b. false

Q: Many defendants plead the insanity defense. a. true b. false

Q: The defense of insanity excuses criminal liability when it seriously damages defendants' capacity to control their acts. a. true b. false

Q: Defendants who plead an excuse defense admit what they did was wrong. a. true b. false

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: The entrapment defense is a. protected by the Constitution. b. an affirmative defense created by judges. c. an affirmative defense created by statutes. d. not available in many states.

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 culpable 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 syndrome (PTS)? 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 because a. the defendant is found to be mentally ill. b. the defendant had diminished capacity. c. the defendant was so mentally ill he or she couldn"t form criminal intent and/or control their actions. d. the defendant was incompetent.

Q: In criminal law, insanity is a. a medical term. b. a legal concept. c. a psychological diagnosis. d. the same as mental illness.

Q: The general rule regarding self-defense is that a person must retreat if they can safely do so before using deadly force. Explain the "castle exception" to this rule.

Q: Discuss the general rules on the use of force and deadly force. Be sure to provide examples.

Q: Explain the choice-of-evils defense and present an example.

Q: List and explain the four elements of self-defense. Are there any exceptions to any of these elements? If so, explain.

Q: Discuss the differences between justification and excuse defense. Be sure to give an example of each.

Q: The law of self defense is undergoing major .

Q: There is no duty to from your own home to avoid using deadly force.

Q: The choice to commit a lesser crime to avoid a(n) threat of harm from a greater crime is justified.

Q: A _____________ defense is one that, if established, requires an acquittal.