Question 1

The trial of Andrea Yates caused great public debate because

Accepted Answer

The answer of The trial of Andrea Yates caused great...

Question 2

Mr.J stood near an elementary school with a loaded gun,staring at the children and teachers,every day for a week.Could he be committed,even though he had a license for the gun and had not been seen committing a crime?

Accepted Answer

The answer of Mr.J stood near an elementary school with...

Question 3

Simon has been diagnosed with schizophrenia,paranoid type.He is accused of murder,and his lawyers have suggested that he is not competent to stand trial.He is then administered Haldol,and his symptoms remit significantly,and he stops experiencing paranoid ideas and delusions.What is likely to happen next?

Accepted Answer

If Simon's symptoms remit significantly and he stops experiencing paranoid ideas and delusions due to the Haldol medication, there is a possibility that he would be considered competent to stand trial. The decision to administer medication to Simon was to bring his symptoms under control and make him capable of understanding the legal proceedings and aiding in his defense. Therefore, the administration of medication does not necessarily imply that he would continue to be considered incompetent to stand trial.

Question 4

An informal civil commitment

Accepted Answer

Informal civil commitment is a short-term emergency procedure that does not require a court order and can be accomplished without involving the courts. It is typically used in situations where there is no imminent danger but where the individual is experiencing a mental health crisis and needs immediate help. Unlike formal civil commitment, which requires a court order and involves a longer-term commitment, informal commitment can be voluntary and the individual can leave treatment at any time.

Question 5

The prosecution and defense in the trial of Andrea Yates agreed

Accepted Answer

The prosecution and defense in the trial of Andrea Yates agreed that she killed her children, but they disagreed on her mental state and whether she knew right from wrong at the time of the murders.

Question 6

Which of the following statements is TRUE regarding the relationship between mental illness and dangerousness?

Accepted Answer

Studies have consistently shown that people with mental illness who do not abuse substances are no more likely to engage in violence than those without mental illness. A minority of people with certain mental illnesses, including schizophrenia, may be at increased risk for violence, but it is important to recognize that the vast majority of people with mental illness are not violent. False stereotypes about mental illness and violence can lead to discrimination and stigma against individuals with mental illness.

Question 7

The difference between "insanity" and "competency" is that insanity

Accepted Answer

Insanity involves a person's state at the time of the crime, while competency refers to a person's mental state in regards to their ability to stand trial. Insanity is a mental health category that can impact a person's legal responsibility for their actions, while competency is strictly a legal category that focuses on a person's ability to participate in the legal process. The criteria for insanity are often subjective, which can make it difficult to determine a person's legal responsibility for their actions.

Question 8

Most states hold that a person can be involuntarily committed to a mental hospital

Accepted Answer

Most states have laws that allow for involuntary commitment of a person to a mental hospital if they are found to be mentally ill and pose a danger to themselves or others. This is known as involuntary civil commitment and is intended to protect the person and others from harm. It does not require the person to have committed a crime or a violent crime.

Question 9

Despite her objections,the police took Elizabeth directly to a mental hospital after they found her in an obviously deranged state attempting to kill herself.What is the procedure the doctors used to keep her in the hospital after she arrived?

Accepted Answer

A two physicians' certificate (2PC) is a legal document signed by two physicians to authorize formal involuntary detention of a patient in a psychiatric facility. It is used when a person is deemed a danger to themselves or others and requires involuntary detention for their own safety and the safety of others. This is the most likely procedure used in Elizabeth's case as she was found in a deranged state attempting to kill herself.

Question 10

Mike has attacked his wife several times in the past and appears likely to do so again very soon.He can be locked up now (before he attacks her)if

Accepted Answer

The answer of Mike has attacked his wife several times...

Question 11

What is "synthetic sanity?"

Accepted Answer

Synthetic sanity refers to the state of being apparently sane or normal, but only as a result of psychotropic drugs or other external means of control. It is not a genuine or natural state of mental health.

Question 12

When someone is determined incompetent to stand trial,what typically happens to them?

Accepted Answer

When someone is determined incompetent to stand trial, they are typically ordered to undergo treatment to gain competency. Once they are deemed competent, they can be tried for the original crime.

Question 13

Eighteen of the 38 U.S.states that allow capital punishment prohibit the execution of people with mental retardation on grounds against

Accepted Answer

Prohibiting the execution of people with mental retardation on grounds of cruel and unusual punishment is the most logical answer since it is considered a violation of the Eighth Amendment of the U.S Constitution. This amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment, and executing people with mental retardation is seen as cruel and unusual.

Question 14

In the Jackson v.Indiana case,it was decided that a person judged incompetent to stand trial could be committed to a prison hospital

Accepted Answer

In the Jackson v. Indiana case, it was determined that an individual can only be committed to a prison hospital for a reasonable amount of time necessary to determine whether or not the accused will ever become competent to stand trial. This means that once it has been determined that the accused will never become competent, they cannot continue to be committed to the prison hospital indefinitely.

Question 15

Saks' argument about dissociative identity disorder as an insanity defense is that

Accepted Answer

Saks argues that it is the person, not merely the body, who should be held responsible for a crime, emphasizing the importance of consciousness and identity in legal responsibility.

Question 16

Which of the following statements is true regarding violence and the mentally ill?

Accepted Answer

Research shows that individuals with mental illnesses, including those with psychotic disorders, do not pose a significantly higher risk of violence than the general population. In fact, studies suggest that over 90% of individuals with psychotic disorders are not violent. Option A is a common misconception that has been debunked by research. Option C is not entirely accurate, as violent behavior in individuals with mental illness can occur in various settings, not just crowded public places.

Question 17

You are an attorney appointed to represent a poor client accused of rape who has a history of mental illness.During your first several meetings,the man is completely incoherent.Which of the following issues should you address first?

Accepted Answer

The attorney should address the issue of competency to stand trial first because if the client is found to be incompetent, the trial would be delayed, and the defendant could receive much-needed mental health treatment. It is essential to ensure that the defendant understands the charges against them and can assist with their defense. Once competency is established, potential defenses, such as mens rea and an insanity defense, can be explored. Civil commitment is not relevant to a criminal case.

Question 18

The competency to stand trial issue is based on the basic legal principle

Accepted Answer

The competency to stand trial principle ensures that a defendant understands the trial proceedings and can participate in their defense, which is fundamental to the fairness of the trial process. This principle is distinct from the issue of mental illness affecting criminal responsibility or the presumption of innocence.

Question 19

Corey has been remanded to a psychiatric hospital to determine if he is competent to stand trial.He has been diagnosed with schizophrenia and is responding well to treatment with psychotropic medications.He is less delusional and his speech is more organized.Based on this,he is deemed competent and is scheduled to stand trial.This is an example of

Accepted Answer

Synthetic sanity refers to the idea that medication can artificially restore a defendant's competency to stand trial. In this case, Corey's response to psychotropic medication indicates that his competency has been restored, but this restoration is not permanent and may not reflect his mental state at the time of the alleged crime.

Question 20

Brian has been diagnosed with schizophrenia.He is accused of stealing from a jewelry store and is currently being treated in a psychiatric hospital to assess his competency.Which of the following are correct regarding Brain's situation?

Accepted Answer

Brian cannot be forced to take medication against his will, even if he is incompetent. However, if he is deemed competent, he can be forced to take medication if it is necessary to treat his condition. The effects of Brian's current antipsychotic medications can be explained to the jury to help them understand his behavior.

Quiz 17: Legal and Ethical Issues