Deck 5: Criminal Responsibility and the Capacity to Commit a Crime

Question 1

A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense.

Answer 1

True

Question 2

The lowest age of criminal responsibility established by common law was at the age of _____ years old. ​

A)5
B)7
C)14
D)18

Answer 2

B

Question 3

A rebuttable presumption means the presumption: ​

A)may not be overcome by the presentation of evidence.
B)may be overcome by the presentation of evidence.
C)may be presented by the prosecution only.
D)may be presented by the defense only.

Answer 3

B

Question 4

​ The primary goal of juvenile courts is the rehabilitation of delinquent youths.

Question 5

The two prongs of the M'Naghten rule are: ​

A)cognitive incapacity and moral incapacity.
B)cognitive incapacity and volitional incapacity.
C)volitional incapacity and moral incapacity.
D)volitional incapacity and the product-of-mental illness.

Question 6

Many states have codified some version of the common law rules on children's criminal capacity, though they vary on the age limits adopted.

Question 7

Mental illness, mental retardation, or many forms of physical illnesses may be the basis for finding a person incompetent to stand trial.

Question 8

In some states there is a/an _____ presumption that children between the ages of 7 and 14 have the capacity to commit a crime. ​

A)mandatory
B)inferential
C)conclusive
D)rebuttable

Question 9

Under which circumstance do states permit the insanity defense with voluntary intoxication or drug use? ​

A)When it has created a "settled" psychotic mental state
B)States always permit the insanity defense with voluntary alcohol use but not with drug use
C)States always permit the insanity defense with voluntary drug use but not with alcohol use
D)States never permit the insanity defense with voluntary intoxication or drug use

Question 10

Under the civil law, an infant (child) is a person who has not yet reached the age of majority, which, depending on the jurisdiction may be as old as 21 years of age. ​

A)True
B)False

Question 11

At what age do most states infer that individuals are competent and capable of committing a crime? ​

A)5
B)7
C)14
D)18

Question 12

The M'Naghten rule applies only if the defendant knew the nature of his acts were wrong.

Question 13

The age selected by the jurisdiction as the minimum age for a child's criminal responsibility creates a conclusive presumption that a child under that age: ​

A)lacks the capacity to commit a crime.
B)would not commit a crime.
C)does not want to commit a crime.
D)has the capacity to commit a crime.

Question 14

The two prongs of the M'Naghten rule include cognitive and moral incapacity.

Question 15

The second prong of the M'Naghten rule requires a showing that the defendant: ​

A)did know what he was doing.
B)did not know what he was doing was wrong.
C)did not know what he was doing.
D)knew what he was doing was wrong.

Question 16

A verdict of not guilty by reason of insanity results in a conviction of the defendant.

Question 17

The first prong of the M'Naghten rule requires a showing the defendant: ​

A)did know what he was doing.
B)did not know what he was doing was wrong.
C)did not know what he was doing.
D)knew what he was doing was wrong.

Question 18

A defendant found guilty but mentally ill may still be given a sentence that could have been ordered for a conviction on the crime charged.

Question 19

The substantial capacity test applies whenever the defendant cannot "appreciate" the nature of his acts, or that they were wrong.

Question 20

Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense.

Question 21

Which is not a basis for finding a person incompetent to stand trial? ​

A)Mental illness
B)Mental retardation
C)Physical illness
D)Inability to hire an attorney

Question 22

To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and: ​

A)pass a literacy test.
B)have the ability to hear and see.
C)remember what happened at the time of the alleged crime.
D)understand the charges and proceedings.

Question 23

Which does not apply for a defendant to be found guilty beyond a reasonable doubt but mentally ill? ​

A)Defendant is guilty of offense
B)Defendant was mentally ill at time offense was committed
C)Defendant was not legally insane at time offense was committed
D)The defendant was sane but not mentally ill at the time offense was committed

Question 24

Which is not a factor when determining criminal capacity for children? ​

A)The nature of the crime
B)The child's age and maturity
C)Whether the child evidenced a desire for secrecy
D)If the child does well in school

Question 25

A verdict of not guilty by reason of insanity results in: ​

A)dismissal of the charges.
B)incarceration of the defendant.
C)hospitalization of the defendant.
D)a suspended sentence for the defendant.

Question 26

A defendant of questionable competency should not be tried for a criminal violation for all of the following reasons except: ​

A)trials of incompetent persons violate their due process rights.
B)due process requires persons charged with crimes to be given an opportunity to consult with counsel.
C)due process requires persons charged with crimes to be given an opportunity to assist in their own defense.
D)justice is blind to such problems.

Question 27

Under the "substantial capacity" test, the "cognitive" part of the rule is satisfied: ​

A)only if the defendant knew what he had done.
B)even if the defendant knew what he had done, but lacked the substantial capacity to appreciate that what he had done was wrong.
C)if the defendant knew what he had done, and could appreciate that what he had done was wrong.
D)only if the defendant did not know what he had done.

Question 28

Which statement is true of the requirement of the M'Naghten rule as compared to the "substantial capacity" test? ​

A)The "substantial capacity" test has a lesser requirement.
B)The M'Naghten rule has a lesser requirement.
C)The requirements of both are equivalent.
D)All of these choices.

Question 29

The test which focuses on volitional incapacity is the: ​

A)M'Naghten test.
B)"right and wrong" test.
C)Product rule.
D)"Substantial Capacity" test.

Question 30

Voluntary intoxication or drug use as the basis for the successful assertion of the insanity defense is _____ used. ​

A)almost never
B)never
C)almost always
D)always

Question 31

Defendants who are found incompetent to stand trial: ​

A)may be tried when they become competent. ​
B)may not be tried at any time thereafter.
C)are entitled to a verdict of not guilty by reason of insanity.
D)are entitled to a verdict of not guilty due to diminished capacity.

Question 32

In most states the defendant's voluntary intoxication or drug use may serve as the basis for a claim of: ​

A)diminished capacity.
B)not guilty by reason of insanity.
C)guilty but insane.
D)guilty but mentally ill.

Question 33

In Jackson v. Indiana , the US Supreme Court held that defendants who are not competent to stand trial may be held: ​

A)up to 90 days.
B)up to 120 days.
C)no longer than a "reasonable period of time."
D)up to 365 days.

Question 34

States with the "guilty but mentally ill" verdict: ​

A)have abolished the insanity defense.
B)have retained the insanity defense.
C)consider it identical to the not guilty by reason of insanity verdict.
D)require the prosecution to prove the defendant was mentally ill.

Question 35

In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the offense, the defendant: ​

A)is free to leave.
B)may be committed to a mental institution.
C)will automatically be committed to a mental institution.
D)may receive any sentence that could be imposed for that crime.

Question 36

The test which combines cognitive incapacity and moral incapacity is the: ​

A)M'Naghten test. ​
B)"Substantial Incapacity" test.
C)Product rule.
D)"Substantial Capacity" test.

Question 37

The test which focuses on the product-of-mental illness is the: ​

A)M'Naghten test.
B)"right and wrong" test.
C)"Substantial Capacity" test.
D)none of these answers is correct.

Question 38

The US Supreme Court held that a mentally retarded person could not be subject to the death penalty in______. ​

A)Atkins v. Virginia
B)Pruit v. State
C)State v. Ramer
D)Foucha v. Louisiana

Question 39

A defendant who is found not guilty by reason of insanity is almost always:

A)tried again for the same offense.
B)set free.
C)committed to a mental institution.
D)reimbursed by the government for the cost of the trial.

Question 40

The _______ test emerged from the M'Naghten case. ​

A)"right and wrong" test
B)substantial capacity test
C)product-of-mental illness test
D)defect of character test

Question 41

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes.  The store's loss prevention catches him and calls the police.

A)Under the "substantial capacity" test, the "volitional" part of the rule refers to the ability to control one's conduct even if it is known to be wrong, and requires: ​
B)proof that defendant was not insane.
C)proof that defendant was sane.
D)expert testimony.
E)only a showing of lack of substantial capacity.

Question 42

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Having the accused and the accuser fight one another to decide guilt or innocence is referred to as trial by: ​
B)ordeal.
C)jury.
D)battle.
E)judgement.

Question 43

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)The _____ rule, which may be used in Scott's defense, requires proof that because of mental disease or defect, defendants did not know the scope or character of their actions. ​
B)M'Naghten
C)Naghten
D)Maghten
E)M'Naten

Question 44

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Which is not one of the factors the Washington Supreme Court identified in determining capacity? ​
B)The nature of the crime
C)The child's age and maturity
D)The child's socioeconomic status
E)Prior conduct similar to that charged

Question 45

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Another test, the ____, which also might be used in Scott's trial, is based on whether the defendant could (1)distinguish between right and wrong, or (2)conform his or her conduct to the requirements of law.
B)capacity test
C)substantial capacity test
D)substantial test
E)test of capacity

Question 46

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)The Supreme Court has repeatedly maintained that it is a violation of due process to try to convict: ​
B)child defendants.
C)the mentally incompetent.
D)the elderly.
E)the innocent.

Question 47

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes.  The store's loss prevention catches him and calls the police.

A)If Tommy did not have the mental capacity or the ability to formulate the necessary criminal intent or understanding that he committed a crime, then Tommy would: ​
B)not be prosecuted.
C)be prosecuted as a child.
D)be prosecuted based on diminished capacity.
E)be prosecuted as an adult.

Question 48

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Due process is only possible if the defendant is: ​
B)educated.
C)competent.
D)argumentative.
E)innocent.

Question 49

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Scott may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1)defendant is guilty of offense; (2)defendant was mentally ill at time offense was committed; and (3)defendant was not legally insane at time offense was committed.  This is called: ​
B)guilty but mentally ill alternative verdict and plea.
C)not guilty by reason of insanity.
D)mentally ill conviction.
E)guilty but not mentally ill alternative.

Question 50

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Which judicial concept requires that defendants be given the opportunity to participate in their defense? ​
B)Due process
C)Right against self-incrimination
D)Prohibition against cruel and unusual punishment
E)Right to a jury trial

Question 51

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)An insanity test that claims that defendants are not legally responsible for their acts if, due to a defect of the mind, at the time of the crime they were unable to understand the difference between right and wrong, could be used in Scott's case and is called the: ​
B)left and right test.
C)moral and immoral test.
D)good and bad test.
E)right and wrong test.

Question 52

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Scott's ability to cooperate with his attorneys and the ability to understand the charges and proceedings against him is referred to as:
B)competency to stand trial.
C)incompetent to stand trial.
D)competent to commit a crime.
E)incompetent to commit a crime.

Question 53

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)The standard for the defendant to prove insanity is: ​
B)strict proof standard.
C)reasonable suspicion.
D)a preponderance of the evidence.
E)beyond a reasonable doubt.

Question 54

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Scott's attorney could seek to introduce evidence showing that because of mental or emotional conditions, Scott did not possess the required mens rea for conviction of the crime charged. This is referred to as: diminished ______ defense. ​
B)competence
C)incompetent
D)capacity
E)incapacity

Question 55

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)A legal entity created under the laws of a state or federal government is the definition of a: ​
B)corporation.
C)contract.
D)parent.
E)business.

Question 56

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Subjecting the accused to a tortuous ordeal is referred to as trial by: ​
B)ordeal.
C)jury.
D)combat.
E)judgement.

Question 57

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)Superstition played a role in ancient England and in colonial America in accusing, mostly women, of: ​
B)being agnostic.
C)praying to God.
D)practicing witchcraft.
E)crimes against humanity.

Question 58

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes.  The store's loss prevention catches him and calls the police.

A)The police: ​
B)can't charge him with theft/shoplifting because he's too young.
C)may consider charging him with theft/shoplifting because 14 years old is the age of reason for most states.
D)will automatically charge him for theft/shoplifting in adult court.
E)will charge him with a crime since he is 14 years old, regardless of circumstances.

Question 59

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)A defendant of questionable competency can be tried for a criminal violation as long as he or she has a competent attorney who is experienced in representing the mentally ill. ​
B)True ​
C)False

Question 60

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

A)For a crime to be attributable to a corporation, the person must: ​
B)be in control of the corporation's affairs.
C)hold stock in the corporation.
D)have a relationship with the corporation.
E)do business with the corporation.

Question 61

A legal entity created under the laws of a state or the federal government is called a ____.

Question 62

Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal statutes.

Question 63

Explain why a defendant of questionable competency should not be tried for a criminal violation.

Question 64

A child of 14 could be convicted if it can be shown the child had the ____ ability and understanding to formulate the required criminal intent.

Question 65

A person found not guilty by reason of insanity cannot be tried again because of the Constitutional provision against double ___________. ​

Question 66

____________ is almost never the basis for the successful assertion of the insanity defense.

Question 67

In addition to the traditional insanity verdict, some states have provided for the verdict of ___________ but mentally ill.

Question 68

What are the two prongs of the M'Naghten rule? Explain the "right and wrong" test that emerged from the M'Naghten case.

Question 69

The substantial capacity test applies whenever the defendant cannot "______" the nature of his acts, or that they were wrong.

Question 70

Most states place the burden of proof on the ___________ on the issue of being incompetent to stand trial.

Question 71

_________  requires persons charged with crimes to be given an opportunity to assist in their own defense.

Question 72

A test used to determine criminal responsibility in ancient England where the defendant was subjected to tortuous ordeal was called ___.

Question 73

​ Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.

Question 74

Tests to determine legal and moral liability are called ____.

Question 75

The first prong of the M'Naghten rule is called the ____ capacity prong.

Question 76

A person who lacks ____ does not have the ability to understand what is happening at trial.

Question 77

________ below a certain age cannot be convicted of a crime.

Question 78

A person who has not yet reached the age of majority is called a/an ____.

Question 79

The second prong of the M'Naghten rule is called the ____ capacity prong.

Question 80

Discuss the differences between the M'Naghten rule and the "substantial capacity" test. Which test has a stricter requirement?