Question 1

Contrary to what most people believe, the insanity defense is _____ raised and is usually _____.&#10;A) infrequently; unsuccessful&#10;B) frequently; unsuccessful&#10;C) infrequently; successful&#10;D) frequently; successful

Accepted Answer

The insanity defense is infrequently raised and is usually unsuccessful. While it is portrayed often in media, it is actually not commonly used and is difficult to prove in court.

Question 2

In a majority of states that allow the use of the insanity defense, the burden of proof is placed on the _____ by the _____ standard.&#10;A) defense; preponderance of the evidence&#10;B) prosecution; clear and convincing evidence&#10;C) prosecution; preponderance of the evidence&#10;D) defense; beyond a reasonable doubt

Accepted Answer

In most states that allow the insanity defense, the burden of proof is on the defense to prove insanity by a preponderance of the evidence, which is a lower standard than beyond a reasonable doubt.

Question 3

Which definition of insanity includes both a cognitive prong and a volitional prong?&#10;A) Durham test&#10;B) &#34;wild beast&#34; test&#10;C) M'Naghten rule&#10;D) ALI standard

Accepted Answer

The American Law Institute (ALI) standard includes both a cognitive prong (the defendant must not understand the nature and quality of their actions) and a volitional prong (the defendant must not have the ability to conform their behavior to the law). This standard is used in many U.S. jurisdictions to determine legal insanity. The Durham test considers the defendant's criminal conduct to be a product of mental illness, the "wild beast" test is an outdated and controversial legal test, and the M'Naghten rule focuses only on the defendant's cognitive ability to understand the nature and quality of their actions.

Question 4

In legal terminology, the guilty mind that must accompany the wrongful behavior is known as:&#10;A) actus reas.&#10;B) habeas corpus.&#10;C) mens rea.&#10;D) the Magna Carta.

Accepted Answer

Mens rea is the mental intention or knowledge that a person has when committing a crime. It is one of the necessary components for a criminal act. Actus reas (choice A) refers to the physical act or conduct that is illegal, while habeas corpus (choice B) is a legal action that allows individuals to challenge their detention or imprisonment. The Magna Carta (choice D) is a historic document that established the principle of the rule of law and influenced the development of modern constitutional government. However, it is not directly related to the concept of mens rea.

Question 5

Which of the following was NOT a major change instituted by the Insanity Defense Reform Act of 1984?&#10;A) Defendants must prove their insanity by clear and convincing evidence.&#10;B) The volitional prong was dropped from the definition of insanity.&#10;C) Experts were barred from giving ultimate issue testimony.&#10;D) It made the Durham test of insanity standard for federal cases.

Accepted Answer

The Insanity Defense Reform Act of 1984 did not make the Durham test the standard for federal cases; instead, it focused on the changes mentioned in options A, B, and C.

Question 6

Malingering refers to:&#10;A) an inability to distinguish right from wrong.&#10;B) exaggerating or faking a mental disorder.&#10;C) having a mental illness and using it as a basis for an insanity defense.&#10;D) having a mental illness and not raising this fact at trial.

Accepted Answer

Malingering refers to the deliberate exaggeration or fabrication of symptoms of mental or physical disorders for personal gain, such as avoiding work or military service, getting financial compensation, or obtaining drugs. It is different from genuine mental disorders, which are based on real symptoms that cause distress or functional impairment.

Question 7

Andrea Yates was diagnosed with:&#10;A) schizophrenia.&#10;B) dissociative identity disorder.&#10;C) postpartum mental illness.&#10;D) bipolar disorder.

Accepted Answer

Andrea Yates was diagnosed with postpartum depression and postpartum psychosis, which are types of postpartum mental illness.

Question 8

Montana, Utah, Kansas, and Idaho:&#10;A) have entirely abolished the insanity defense.&#10;B) use the ALI standard of insanity.&#10;C) use the Durham test of insanity.&#10;D) use more than one rule for insanity.

Accepted Answer

Montana, Utah, Kansas, and Idaho have completely abolished the insanity defense, indicating that the defense is not admissible in court in these states.

Question 9

What definition of insanity is used in most states currently?&#10;A) the Durham test.&#10;B) the ALI standard.&#10;C) the M'Naghten rule.&#10;D) the &#34;wild beast&#34; test.

Accepted Answer

The M'Naghten rule is the most commonly used definition of insanity in most states. It states that a defendant must be so impaired by a mental illness or defect that they did not understand the wrongfulness of their actions or were unable to control their behavior at the time of the offense. The Durham test was used briefly in the mid-twentieth century but has since been abandoned. The ALI standard is used in some states but not universally. The "wild beast" test is an archaic and outdated standard that is no longer used in modern legal systems.

Question 10

Andrea Yates's first trial demonstrates that severely mentally ill people _____ meet the legal definition of insanity.&#10;A) may not&#10;B) always&#10;C) never&#10;D) often

Accepted Answer

The answer of Andrea Yates's first trial demonstrates that severely...

Question 11

What happens to defendants who are found guilty but mentally ill?&#10;A) They are released.&#10;B) They are routinely sent to prison.&#10;C) They are sent to a psychiatric hospital.&#10;D) There are no clear rules on dispositions for these defendants.

Accepted Answer

The answer of What happens to defendants who are found...

Question 12

Insanity refers to the defendant's state of mind:&#10;A) during the trial process.&#10;B) at the time the crime was committed.&#10;C) between the time of the crime and the time of trial.&#10;D) before the crime was committed.

Accepted Answer

The answer of Insanity refers to the defendant's state of...

Question 13

Which famous case prompted shifting the burden of proof of insanity from prosecution to defense?&#10;A) Durham&#10;B) Hinckley&#10;C) M'Naghten&#10;D) Smith

Accepted Answer

The answer of Which famous case prompted shifting the burden...

Question 14

Successful insanity pleas are associated with all of these psychiatric illnesses EXCEPT:&#10;A) psychosis.&#10;B) mental retardation.&#10;C) personality disorders.&#10;D) mood disorders.

Accepted Answer

The answer of Successful insanity pleas are associated with all...

Question 15

Mr. Bentley has been diagnosed with intellectual disability. His defense team is using the fact that Mr. Bentley does not understand right from wrong to argue that he qualifies for being found not guilty by reason of insanity. Which test is being applied here?

A) Durham test
B) ALI standard
C) M'Naghten rule
D) "wild beast" test

Accepted Answer

The answer of Mr. Bentley has been diagnosed with intellectual...

Deck 9: Section 3: Jury Selection and Trial Procedure