Deck 10: Excuse Defenses

Question 1

In excuse defenses, defendants are asking the fact finder to justify their act.

Answer 1

False

Question 2

Excuse defenses only serve as partial defenses.

Answer 2

True

Question 3

Incompetency is a defense to criminal behavior.

Answer 3

False

Question 4

What does incompetency describe?

Question 5

The definition on insanity varies from state to state.

Question 6

When does a criminal defendant present an insanity case?

Question 7

A defendant is considered incompetent if he is suffering from a mental disability that prohibits him from understanding the proceedings or assisting his defense.

Question 8

What does competency refer to?

Question 9

What must the government prove in order to commit an individual to a mental institution?

A) Burden of proof
B) Burden of production
C) Dangerousness
D) Negligence

Question 10

If the government is unable to prove dangerousness, the defendant will remain in custody.

Question 11

Jared Lee Loughner killed and injured various people at which of the following grocery stores?

A) Albertsons
B) Safeway
C) Gelsons
D) Vons

Question 12

The Jared Lee Lougher incident took place in which of the following states?

A) Nevada
B) Illinois
C) Arizona
D) New Mexico

Question 13

Jared Lee Loughner was charged with _____ offenses.

A) 23
B) 31
C) 49
D) 56

Question 14

Jared Lee Loughner was charged with which of the following?

A) Attempted murder
B) Murder
C) Attempted assassination
D) All of the above

Question 15

_______ year/years after the incident, Jared Lee Loughner was found competent to stand trial.

A) 1
B) 2
C) 3
D) 4

Question 16

Jared Lee Loughner was sentenced to serve which of the following?

A) 2 consecutive live terms, plus 50 years
B) 4 consecutive life terms, plus 100 years
C) 7 consecutive life terms, plus 140 years
D) 11 consecutive life terms, plus 170 years

Question 17

A person who pleads not guilty by reason of insanity claims that he or she should not be held responsible for his or her actions because he or she acted as a result of a mental disease or defect.

Question 18

There is only one test for determining insanity.

Question 19

The earliest test for insanity was established in which of the following countries?

A) Germany
B) England
C) France
D) Spain

Question 20

The earliest test for insanity was established in _______.

A) 1756
B) 1825
C) 1843
D) 1901

Question 21

Which of the following Queen's was outraged by the guilty by insanity verdict of Daniel M'Naghten?

A) Queen Elizabeth I
B) Queen Elizabeth II
C) Queen Mary of Scots
D) Queen Victoria

Question 22

What was the new standard created in England?

Question 23

What was the name of the insanity test created in England in 1843?

A) Victorian test
B) Insanity test
C) M'Naghten test
D) England's Insanity test

Question 24

The M'Naghten test was known in American courts as which of the following?

A) right-wrong test
B) wrong-wrong test
C) insanity test
D) two evils test

Question 25

The M'Naghten test was utilized in American courts with hardly any modifications until the mid _______ century.

A) 18^th
B) 19^th
C) 20^th
D) 21^st

Question 26

The irresistible impulse test was adopted by various states as a new standard.

Question 27

Which of the following court cases led to the establishment of the product test?

A) United States v. Hinckley (1982)
B) State v. Pittman (2007)
C) Montana v. Egelhoff (1996)
D) Durham v. United States (1954)

Question 28

Explain the product test.

Question 29

Which of the following tests replaced the Product Test in 1972?

A) M'Naghten test
B) American Law Institute Model Penal Code test
C) Irresistible impulse test
D) None of them replaced the product test

Question 30

In which of the following cases did the court hold that a defendant is not criminally responsible for his or her acts, if at the time he or she committed the acts, he lacks substantial capacity to appreciate the criminality or to conform his conduct to the requirements of the law?

A) Montana v. Egelhoff (1996)
B) United States v. Hinckley (1982)
C) United States v. Brawner (1972)
D) State v. Pittman (2007)

Question 31

The insanity defense was increasingly modified after the ruling in which of the following cases?

A) United States v. Brawner (1972)
B) State v. Pittman (2007)
C) Montana v. Egelhoff (1996)
D) United States v. Hinckley (1982)

Question 32

After 1982 the burden of proving insanity shifted to the defendant.

Question 33

Many states added the guilty but mentally ill option for juries.

Question 34

John Hinckley has remained committed to St. Elizabeth's hospital for over ______.

A) 15 years
B) 25 years
C) 30 years
D) 45 years

Question 35

Which of the following standards is used only by one state?

A) M'Naghten
B) Model Penal Code
C) Durham
D) M'Naghten with irresistible impulse provision

Question 36

Which of the following standards is used by 24 states?

A) M'Naghten
B) Model Penal Code
C) Durham
D) M'Naghten with irresistible impulse provision

Question 37

Which of the following standards is used by 21 states?

A) M'Naghten
B) Model Penal Code
C) Durham
D) M'Naghten with irresistible impulse provision

Question 38

Some states have a bifurcated process.

Question 39

The first part of the trial is referred to as the guilt phase.

Question 40

The second part of the trial is referred to as the insanity phase.

Question 41

States will vary in whether they decide to use different juries for the insanity phase of trials.

Question 42

Under common law, individuals of which of the following date ranges were presumed incapable of committing a crime?

A) 7 to 14
B) 15 to 17
C) 18 to 25
D) 26 to 34

Question 43

The juvenile justice system focuses on which of the following?

A) Retribution
B) Deterrence
C) Rehabilitation
D) Punishment

Question 44

State statutes determine the maximum age a child may be charged in juvenile court is typically ______ or ______.

A) 13 or 14
B) 14 or 15
C) 15 or 16
D) 16 or 17

Question 45

The minimum age for trying children as adults ranges from no minimum which of the following?

A) 13.
B) 14.
C) 15.
D) 16.

Question 46

There are _______ types of intoxication offenses.

A) 2
B) 3
C) 4
D) 5

Question 47

Which of the following states listed in the text does not permit the defense of voluntary intoxication?

A) California
B) Nevada
C) Oregon
D) Montana

Question 48

Which of the following are examples of syndrome defenses?

A) Battered Woman Syndrome (BWS)
B) Post-Traumatic Stress Disorder (PTSD)
C) Premenstrual Syndrome (PMS)
D) All of the above

Question 49

People who suffer from PTSD often experience flashbacks or bad dreams of traumatic events.

Question 50

One study found that ______ percent of all Vietnam veterans were diagnosed with PTSD.

A) 10
B) 15
C) 20
D) 25

Question 51

Over ______ of all Vietnam veterans in a study were found have been convicted of a felony.

A) 5
B) 7
C) 11
D) 13

Question 52

Premenstrual symptoms include all of the following except?

A) Headaches
B) Exhaustion
C) Memory loss
D) Hallucinations

Question 53

In the 1800s, English courts recognized PMS as a defense.

Question 54

Cultural defenses are complete defenses to crimes.