Deck 3: Capacity and Defenses

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?

A) 0-7
B) 7-14
C) 6-12
D) 5-10

Answer 1

B

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.

A) 5
B) 10
C) 7
D) 14

Answer 2

C

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.

A) 7-14
B) 16-18
C) 14-18
D) 6-12

Answer 3

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.

A) insanity
B) competency
C) diminished capacity
D) responsibility

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.

A) insanity
B) incapacitation
C) incompetency
D) institutionalized

Question 6

Another name for the right and wrong test.

A) A. L.I. Test
B) Durham Rule
C) Irresistible Impulse Rule
D) M'Naghten Rule

Question 7

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

A) A. L.I. Test
B) Durham Rule
C) Irresistible Impulse Rule
D) M'Naghten Rule

Question 8

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

A) entrapment
B) self-defense
C) necessity
D) ignorance

Question 9

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

A) self-defense
B) entrapment
C) bribery
D) necessity

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

A) mistake of law
B) incompetence
C) excuse
D) mistake of fact

Question 11

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

A) incompetent to stand trial
B) insane
C) indigent
D) a juvenile offender

Question 12

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

A) incompetency to stand trial
B) culpability
C) insanity
D) diminished capacity

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.

A) diminished capacity
B) entrapment
C) duress
D) insanity

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.

A) mistake of the facts
B) mistake of the law
C) mistake of the intended victim
D) mistake of the jurisdiction

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.

A) statute of limitations
B) duress
C) mistake of the law
D) entrapment

Question 16

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

Question 17

Postpartum depression syndrome is 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.

Question 19

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

Question 20

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