Deck 19: Law, Society, and the Mental Health Profession

Question 1

Discuss three distinct criticisms of the insanity defense.

Answer 1

not answered

Question 2

Define criminal commitment. How do the two forms of criminal commitment discussed in the text differ?

Answer 2

not answered

Question 3

Imagine that you are a defense attorney arguing against civil commitment for your client. Based on text material, describe three different reasons you could give the judge for not committing your client.

Answer 3

not answered

Question 4

Generally, people can be committed to a mental hospital against their will if a judgment is made that they are mentally ill and gravely disabled. If no criminal act is involved, the procedure is called _____.

Question 5

Dan White, who killed two prominent San Francisco politicians in 1978, pleaded a version of the insanity defense that portrayed his mental instability as an extenuating circumstance. This is called pleading guilty with _____ capacity.

Question 6

The requirement that a person must be able to know right from wrong to be convicted of a crime is known as the _____.

Question 7

List and briefly explain the seven major points in the American Psychological Association's code of ethics for mental health professionals as they apply to clinical work. What is the overall objective of a code of ethics?

Question 8

The idea that a person was not guilty by reason of insanity if the unlawful act was the product of a mental disease or mental defect was based on the _____.

Question 9

A person who is found to be mentally unstable either at the time of the crime or at the time of the trial is generally sent to an institution for treatment in a process called _____.

Question 10

Using research to support your answers, describe whether mental disorders may or may not be a risk factor for violence. Then, discuss the challenges in predicting who will commit violent acts.

Question 11

In a landmark court case, _____, a federal court ruled that the state was constitutionally obligated to provide therapy for individuals who had been civilly committed. This case supported the individual's right to treatment.

Question 12

How does criminal commitment differ from civil commitment?

Question 13

Explain the verdict of not guilty by reason of insanity based on the M'Naghten rule, irresistible impulse test, Durham test, and American Law Institute test. Give an example of a case in which each may be applied. (The case may be fictional.)

Question 14

Dissatisfaction with the M'Naghten rule led to another interpretation that focused on whether the defendant was able to control his or her actions. This was known as the _____ test.

Question 15

Today the MOST frequent diagnosis of defendants who are acquitted of a crime by reason of insanity is _____.

Question 16

An employer wants to address the high level of stress employees are reporting. Discuss two types of mental health services that would be appropriate in a workplace situation and briefly describe both.

Question 17

A patient in a state mental hospital does not want to receive electroconvulsive therapy (ECT). This reflects the patient's right to _____.

Question 18

Based on law established and interpreted by the U.S. Supreme Court, list the major rights to treatment that people committed to mental institutions have.

Question 19

What other verdicts are available to a defendant other than not guilty by reason of insanity?

Question 20

One criticism of civil commitment procedures of people with mental disorders centers around the accuracy of the assessment of their _____.

Question 21

If a person accused of a crime is found not guilty by reason of insanity, he or she is committed to a psychiatric facility for treatment. This is called:

A) 2 PCs.
B) incarceration.
C) civil commitment.
D) criminal commitment.

Question 22

Defendants who are judged mentally unstable at the time when they are said to have committed crimes are MOST likely to:

A) be judged to be faking or using a legal loophole to get out of their crimes.
B) be judged not guilty by reason of insanity.
C) be committed to a mental hospital until they are able to defend themselves.
D) fail to rely on testimony of mental health professionals.

Question 23

Which would a forensic psychologist NOT be likely to do?

A) write legislation to regulate the practice of psychology in the courts
B) testify in criminal or civil proceedings
C) research questions pertinent to trials
D) profile serial killers

Question 24

If someone is interested in pursuing a career in a field that combined mental health and the legal and judicial systems, you should direct that person toward:

A) forensic psychology.
B) behavioral neuroscience.
C) medical science.
D) neurology.

Question 25

Confidentiality between a therapist and a client may be broken due to the therapist's responsibility and _____.

Question 26

The intersections between the mental health field and the legal and judicial systems are collectively referred to as:

A) forensic psychology.
B) the U.S. legal system.
C) scientific law.
D) legal psychology.

Question 27

A man got into a fight and killed his opponent. When he went to trial, he had a mental breakdown, did not know where he was, and was unable to answer questions. He is likely to be sent to a mental institution because:

A) he had a mental disorder.
B) no crime was committed.
C) he was mentally unstable at the time of the crime.
D) he was mentally unstable at the time of the trial and unable to defend himself.

Question 28

If a court decides that a defendant is mentally unstable, the defendant will:

A) not be tried for the crime.
B) not be punished in the usual way.
C) be sentenced to jail time without a trial.
D) be committed to a mental hospital for the rest of his or her life.

Question 29

Which person would never have to stand trial for a crime he or she might have committed?

A) one judged not guilty by reason of insanity
B) one judged mentally unstable at the time of the trial
C) one unable to assist in his or her defense at the time of the trial
D) one who had experienced criminal commitment

Question 30

There has been much debate about permitting psychologists to carry out one of the few remaining activities that has until now been restricted to psychiatrists, which is _____.

Question 31

Which of the following is LEAST likely to be true regarding the psychological dysfunction of an individual?

A) It is influenced-sometimes caused-by societal and social factors.
B) It affects the lives of relatives, friends, and acquaintances.
C) It can affect the well-being and rights of people the person does not know.
D) It commonly occurs in isolation.

Question 32

John was actively hallucinating and experiencing delusions during the time of his trial. He is MOST likely to be:

A) judged not guilty of the crime by reason of insanity.
B) judged not guilty of the crime due to severe mental instability.
C) committed for treatment until he improves enough to be released.
D) committed for treatment until he improves enough to defend himself.

Question 33

Courts ask for mental health professionals to help determine if defendants are:

A) responsible for the crimes they commit and capable of defending themselves in court.
B) telling the truth or covering for someone else who really committed the crime.
C) able to serve as their own counsel (lawyer) and educated regarding the law.
D) in need of medical treatment.

Question 34

Before therapy could begin, the therapist had to submit her plan for therapy to the insurance company for approval. Her client was approved for eight 1-hour sessions. This insurance company offers a(n) _____ program.

Question 35

Research indicates that today's technology is helping produce a possible new pattern of abnormal behavior characterized by excessive and dysfunctional levels of texting, e-mailing, and use of pornography. This pattern is known as _____.

Question 36

What must be true before a person may be tried for a crime and potentially found guilty?

A) The person must have normal intelligence.
B) The person must be a citizen of the United States.
C) The person must not act in a bizarre way in court.
D) The person must be capable of helping to defending himself or herself in court.

Question 37

Programs made available by employers to provide services for their employees' moderate mental health problems before they become serious are called _____.

Question 38

Criminal commitment is a legal process by which people are:

A) found guilty of a crime but mentally ill.
B) found guilty of a crime but developmentally disabled.
C) accused of a crime and sent to a psychiatric institution for mental health treatment.
D) accused of a crime and unable to cooperate in mental health treatment.

Question 39

Who makes the final decision as to whether a person may be tried by the judicial system?

A) the courts
B) a panel of psychiatrists
C) a panel of psychologists
D) a court-appointed psychologist or psychiatrist

Question 40

A man killed a stranger in a fit of rage when he heard voices telling him that the stranger was about to destroy the Earth and must be stopped. The killer is likely to be sent to a mental institution because:

A) no crime was committed.
B) he was mentally unstable at the time of the crime.
C) a person who commits such a crime must be insane.
D) he was mentally unstable at the time of the trial and unable to defend himself.

Question 41

Which is NOT a criticism of the insanity defense?

A) In a given case, the testimony of clinicians is often not in agreement.
B) Clinicians are biased to assume that people have free will and are responsible for their actions.
C) Clinicians are trying to evaluate the defendant's state of mind during a time that is long past.
D) The insanity defense allows dangerous people to escape punishment.

Question 42

The MOST common diagnosis of those found not guilty by reason of insanity is:

A) depression.
B) schizophrenia.
C) bipolar disease.
D) sociopathy or psychopathy.

Question 43

A person with alcohol use disorder got into a bar fight and killed his opponent. Which legal test would MOST likely have been used to find him not guilty by reason of insanity?

A) Durham test
B) American Law Institute guidelines
C) M'Naghten rule
D) irresistible impulse test

Question 44

The burden of proof in an insanity case is usually:

A) on the defense attorneys to prove the defendant is insane.
B) on the prosecution attorneys to prove the defendant is sane.
C) on the defense for federal cases and on the prosecution for most state cases.
D) on the defense for most state cases and on the prosecution for federal cases.

Question 45

If a person with paranoid schizophrenia committed murder and was not able to control his or her actions and follow the law, that person would NOT be eligible for an insanity defense under the:

A) Durham test.
B) American Law Institute test.
C) irresistible impulse test.
D) M'Naghten rule.

Question 46

The legal system and the scientific community generally see _____ as fundamentally different.

A) the degree of free will people have regarding their behavior
B) the definition of mental illness
C) the level of equality between men and women
D) dangerousness

Question 47

The _____ is a legal test that holds people to be insane at the time they committed a crime if their act was the result of a mental disorder.

A) Durham test
B) M'Naghten rule
C) organic deficiency test
D) irresistible impulse test

Question 48

The fact that lawyers can often find experts who convincingly argue both sides of a question suggests that:

A) scientific knowledge about abnormal behavior is incomplete and uncertain.
B) there is no basis for their testimony.
C) the field has made great strides in its ability to predict abnormal behavior.
D) people really do have free will.

Question 49

A man beat another man nearly to death. In court the assailant claimed that he was forced to do what he did. He just exploded and was not in control of himself. Under which insanity standard might he be found not guilty by reason of insanity?

A) Durham test
B) M'Naghten rule
C) organic deficiency test
D) irresistible impulse test

Question 50

In response to a recommendation by the American Psychiatric Association regarding insanity pleas, current federal practice is MOST like the:

A) M'Naghten rule.
B) irresistible impulse test.
C) Durham test.
D) American Law Institute test.

Question 51

In using the insanity plea, the burden of proof to prove insanity rests with the:

A) court.
B) defendant.
C) prosecutor.
D) legislature.

Question 52

A man killed another man with whom he was fighting. At his trial he claimed that he did not know what he was doing because he was drunk. Under which insanity standard might he be found not guilty by reason of insanity?

A) Durham test
B) M'Naghten rule
C) organic deficiency test
D) irresistible impulse test

Question 53

If a man walked in on his wife in bed with his best friend and killed both of them in a fit of passion, that man may be eligible for an insanity defense under the:

A) M'Naghten rule.
B) irresistible impulse test.
C) Durham test.
D) American Law Institute test.

Question 54

"I'm sorry I did that. I didn't know it was wrong," is MOST consistent with the:

A) Durham test.
B) irresistible impulse test.
C) American Law Institute test.
D) M'Naghten rule.

Question 55

Which case caused the uproar and outrage that led to a return to the M'Naghten rule in determining insanity?

A) Sirhan Sirhan's assassination of Robert F. Kennedy
B) Oliver North's indictment in the Iran-Contra scandal
C) John Hinckley's attempted assassination of Ronald Reagan
D) a Bulgarian zealot's attempted assassination of Pope John Paul II

Question 56

The version of the insanity defense that declares that a person cannot be held responsible for his or her actions if those actions were the result of mental disease or mental defect is called the:

A) Durham test.
B) M'Naghten rule.
C) organic deficiency test.
D) irresistible impulse test.

Question 57

What is the irresistible impulse test?

A) a psychological test looking to measure impulse control
B) a test to see if a defendant is fit to stand trial
C) a legal test that hold people to be insane at the time they committed a crime if they were driven to do so by mental illness
D) a legal test that holds people to be insane at the time they committed a crime if they were driven to do so by an uncontrollable "fit of passion"

Question 58

Which person is MOST likely to be acquitted by reason of insanity?

A) a non-Hispanic white American with schizophrenia
B) a woman with a substance use disorder
C) an older person who commits a nonviolent crime
D) a person who has never been hospitalized for mental illness or arrested

Question 59

The definition of insanity used in legal cases is written by:

A) psychologists.
B) criminologists.
C) legislators.
D) judges.

Question 60

Suffering from a psychophysiological disorder such as headaches, alcoholism, and substance abuse might make one eligible for an insanity defense under the:

A) M'Naghten rule.
B) irresistible impulse test.
C) Durham test.
D) American Law Institute test.

Question 61

Recently states have begun to abolish their sex offender laws. Among the reasons they are doing this is:

A) racial bias can affect the application of the law.
B) courts are becoming more sensitive to the rights of sex offenders.
C) the public wants sex offenders to have more rights.
D) clinicians are better able to predict who is sexually dangerous.

Question 62

In the case of Foucha v. Louisiana, the Supreme Court ruled that the only acceptable basis for determining the release of hospitalized offenders is whether they are still:

A) mentally ill.
B) insane.
C) dangerous.
D) unable to assist with their defense.

Question 63

The current trend in legislation and treatment regarding people who commit sex crimes and are also mentally ill is to:

A) emphasize treatment and deemphasize imprisonment.
B) require both punishment for the crime and treatment.
C) emphasize the rights of the sex criminal.
D) require restitution rather than punishment.

Question 64

A person who is accused of a crime cannot be convicted if he or she is mentally unstable either at the time of the crime or at the time of the trial. This minimum standard of competence to stand trial is important to ensure that the person:

A) knows whether he or she is guilty.
B) may argue coherently on the witness stand.
C) understands the charges and can work with his or her lawyer.
D) can show the jury his or her state of mind at the time of the crime.

Question 65

If a person with a mental illness committed murder but was convicted of committing manslaughter, that person probably lived in a state that had a:

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

Question 66

Some states have adopted a verdict of guilty but mentally ill. The sentence that must be given to those so convicted is:

A) jail with treatment if necessary.
B) prison with mandatory treatment.
C) jail and treatment until sane and then release.
D) hospitalization and treatment until sane and then release.

Question 67

Compared to non-Hispanic white defendants, when racial/ethnic minority defendants are evaluated for competence to stand trial, they are:

A) less likely to be found incompetent to stand trial.
B) more likely to be found incompetent to stand trial.
C) more likely to plead insanity, versus mentally competent.
D) more likely to plead mentally incompetent, versus insanity.

Question 68

According to Foucha v. Louisiana, hospitalized offenders can be institutionalized only if they are:

A) insane.
B) dangerous.
C) substance abusers.
D) without resources.

Question 69

What is the MOST difficult question for a forensic psychologist to answer correctly?

A) Was the defendant sane at the time of the crime?
B) What is the mental disorder that the defendant has now?
C) Would treatment be beneficial for the defendant?
D) Was what the defendant is alleged to have done wrong?

Question 70

Given the changes in sex-offender laws, the emphasis of concern appears to be swinging toward:

A) protecting children.
B) sympathizing with sex offenders.
C) non-Hispanic white Americans.
D) states' rights.

Question 71

What can a person who is found to be guilty but also mentally ill expect?

A) no prison term and treatment in a mental health facility
B) a prison term with the recommendation for treatment
C) a prison term with no treatment
D) no prison term and no treatment

Question 72

In which defense is mental instability considered an extenuating circumstance in a crime?

A) guilty but dangerous
B) guilty but mentally ill
C) guilty by reason of insanity
D) guilty with diminished capacity

Question 73

The reason that offenders are being released from mental hospitals earlier and earlier is the result of:

A) the increasing effectiveness of drug therapy.
B) the inability to accurately diagnose.
C) the overcrowding of mental hospitals.
D) the pleas of insanity that are overturned.

Question 74

In the United States, members of racial minority groups, compared to non-Hispanic white Americans, are:

A) less likely to be found incompetent to stand trial and equally likely to be evaluated as an inpatient.
B) less likely to be found incompetent to stand trial and more likely to be evaluated as an inpatient.
C) more likely to be found incompetent to stand trial and equally likely to be evaluated as an inpatient.
D) more likely to be found incompetent to stand trial and more likely to be evaluated as an inpatient.

Question 75

About what percentage of defendants in the United States are found not guilty by reason of insanity in a typical year?

A) less than 1 percent
B) 5 percent
C) 25 percent
D) 40 percent

Question 76

One difficulty with the mentally disordered sex offender classification is that:

A) it fails to protect sex offenders from the abuse they often receive in prison.
B) it does not allow for treatment in a mental health facility for sex offenders.
C) racial bias appears to affect who is given this classification.
D) it allows sex offenders to escape a criminal record.

Question 77

Currently in the United States, patients who are criminally committed to a mental hospital can be released:

A) only after they have been hospitalized an amount of time equal to the time they would have spent in prison.
B) only when they are judged to be no longer dangerous.
C) when they are no longer considered insane.
D) after they have spent time in a halfway house.

Question 78

The most common, and perhaps the most serious, objection to the insanity plea is that:

A) dangerous people go free.
B) people get jail rather than treatment.
C) it shortens the time that a guilty person must serve.
D) it prevents the punishment of people with mental disorders.

Question 79

Many states have a category of mentally disordered sex offenders, which assigns moral responsibility to the offender. This category, which is related to the insanity defense, is based on the premise that:

A) most sex offenders suffer from schizophrenia.
B) sexual offenses, such as pedophilia, reflect an underlying mental disorder.
C) sex offenders should receive treatment rather than punishment, because their crimes are so offensive to society.
D) sexual offenses are difficult to prove, and requiring a guilty verdict would allow too many offenders to avoid punishment.

Question 80

If a person with a mental illness committed murder and was convicted and sent to prison, but was also given treatment while in prison, that person probably lived in a state that had a:

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