Deck 10: Assessment in Criminal and Juvenile Cases

Question 1

In Godinez v. Moran (1993), the Supreme Court ruled that the standard for ________________ will be used in federal courts for assessing other competence questions.

A)competence to plead guilty
B)competence to stand trial
C)competence to testify at trial
D)competence to confer with one's attorney

Answer 1

competence to stand trial

Question 2

What condition(s)must be satisfied in order for an expert to give opinion testimony?

A)The testimony has to be relevant to the issue at hand.
B)The usefulness of the testimony must outweigh its prejudicial impact.
C)The expert must have a college degree.
D)Both A and B

Answer 2

Both A and B

Question 3

In theory, the decision in the case of Jackson v. Indiana (1972)stopped which practice?

A)Judges' refusal to allow mental health professionals to testify regarding the defendant's competence
B)Defense attorney's refusal to inform the court of incompetency on the part of the defendant
C)Having the defendant confined in a mental institution for extended periods of time
D)Attempts by defendants to claim incompetence to avoid being tried for their crimes

Answer 3

Having the defendant confined in a mental institution for extended periods of time

Question 4

A judge will order a competency evaluation if there is ___________________ that the defendant is competent.

A)no preliminary determination
B)a bona fide doubt
C)a prosecutor's claim
D)None of these are correct.

Question 5

One of the problems with the Dusky standard is that __________.

A)judges do not typically allow it to be used
B)it does not specify how the evaluator should judge the sufficiency of rational understanding, ability to consult or factual understanding when assessing competence
C)the American Bar Association has not agreed with its use
D)the U.S. Supreme Court ruled that it should only be used on an inpatient basis

Question 6

Which of the following would be considered part of a decisional competence approach for a mental health professional evaluating adjudicative competence?

A)Can the defendant understand information relevant to the case?
B)Can the defendant use reasoning about alternative courses of action in making decisions about his or her defense?
C)Can the defendant answer the questions being asked by the prosecution?
D)All of these are correct..

Question 7

When defendants enter a plea of guilty, they waive the right to __________.

A)a jury trial
B)not confront their accusers
C)not remain silent
D)All of these are correct..

Question 8

The question of a defendant's competence can be raised by __________.

A)the police officer who arrested the defendant
B)a forensic expert
C)the presiding judge
D)All of these are correct.

Question 9

The ruling that competence to stand trial is a "sufficient present ability to consult with [one's] attorney with a reasonable degree of rational understanding, and…a rational, as well as factual understanding of the proceedings" stems out of which Supreme Court case?

A)Ford v. Wainwright (1986)
B)Dusky v. United States (1960)
C)Johnson v. Zerbst (1938)
D)Mapp v. Ohio (1961)

Question 10

A defendant who pleads guilty waives a variety of constitutional rights. Which Supreme Court case ruled that this waiving of rights must be done knowingly, intelligently, and voluntarily?

A)Ford v. Wainwright (1986)
B)Dusky v. United States (1960)
C)Medina v. California (1992)
D)Johnson v. Zerbst (1938)

Question 11

Forensic psychologists generally make between _______ and ______ an hour.

A)$50; $100
B)$75; $250
C)$200; $800
D)$500; $1,000

Question 12

Which of the following would be considered a basic foundational question that a mental health professional would focus on when evaluating adjudicative competence?

A)Can the defendant understand the basic elements of the adversarial process?
B)Can the defendant use reasoning to relate relevant information to his or her attorney?
C)Can the defendant appreciate his or her legal predicament?
D)All of these are correct.

Question 13

In 2011, Jared Loughner shot Congresswoman Giffords and multiple other victims. The issue of competency to stand trial was raised in his case. Ultimately, the court found that Mr. Loughner _____________.

A)suffered from schizophrenia, but was competent to stand trial
B)did not suffer from a mental illness and was competent to stand trial
C)suffered from schizophrenia and was not competent to stand trial
D)suffered from schizophrenia, but competent to plead guilty

Question 14

The different abilities implicated in the competency to plead guilty include _______.

A)impulse control
B)attention and concentration
C)cognitive awareness and reasoning
D)All of these are correct.

Question 15

Defense attorneys have questioned their clients' competency in approximately ________ of felony cases.

A)50%
B)15%
C)80%
D)10%

Question 16

In Kumho Tire Co., Ltd. v. Carmichael (1999), the U.S. Supreme Court ruled that __________.

A)expert testimony can be provided regarding DNA
B)opinions tied to the technical or professional skills of practitioners and clinicians must rely on methods and knowledge that are scientifically based
C)behavioral scientists cannot testify because their methodology is not scientifically based
D)mental health experts cannot testify because their methodology is not scientifically based

Question 17

Michael, accused of assault, was found incompetent to stand trial 16 years ago. Since that time, he has been held in a state mental facility. This is likely in violation of __________.

A)Jackson v. Indiana (1972)
B)Dusky v. United States (1960)
C)Johnson v. Zerbst (1938)
D)United States v. Masthers (1976)

Question 18

A qualified expert can testify about a topic if such testimony is relevant to an issue in dispute and if such testimony is more ___________ than ______________.

A)believable; unbelievable
B)accepted; disputed in the specific field
C)useful; prejudicial
D)based on experience; education

Question 19

Since Godinez v. Moran (1993), some scholars have suggested that instead of using terms such as competence to stand trial and competence to plead guilty, use the term ______________________ as it is a better way to describe the multiple abilities that criminal defendants are expected to have.

A)overall competence
B)adjudicative competence
C)legal competence
D)multiple competence

Question 20

The standard for competence to stand trial was defined by the U.S. Supreme Court in __________.

A)Dusky v. United States (1960)
B)Johnson v. Zerbst (1938)
C)Jackson v. Indiana (1972)
D)Godinez v. United States (1993)

Question 21

Generally speaking, who can perform competence examinations?

A)Prosecutors
B)Psychiatrists
C)The presiding judge
D)All of these are correct.

Question 22

In Betty's competency examination, the evaluator conducted a structured interview, which includes 16 items in three broad domains: Factual Knowledge of Criminal Procedure, Appreciation of Personal Involvement In and Importance of Proceedings, and Ability to Participate in Defense. What assessment instrument was this evaluator using?

A)Competency Screening Test
B)Fitness Interview Test-Revised
C)Interdisciplinary Fitness Interview
D)Evaluation of Competence to Stand Trial-Revised

Question 23

Over the past 20 years, most competency evaluations have been conducted in ___________.

A)inpatient forensic facilities
B)specialized hospitals
C)correctional facilities
D)outpatient settings

Question 24

Paula is undergoing a semi-structured interview to evaluate her competency. During the interview Paula's factual and rational understanding of the proceedings as it pertains to her specific case will be assessed, as well as her ability to consult with counsel. In addition, the interviewer will attempt to determine whether Paula is trying to exaggerate or fake deficits that might make it seem as though she is not competent to stand trial. What test is the interviewer using?

A)Interdisciplinary Fitness Interview
B)Evaluation of Competence to Stand Trial-Revised
C)Fitness Interview Test
D)MacArthur Structured Assessment of the Competence of Criminal Defendants

Question 25

Which competency tool has a built-in measure to determine whether a defendant is exaggerating deficits?

A)Interdisciplinary Fitness Interview
B)Macarthur Competence Assessment Tool-Criminal Adjudication
C)Evaluation of Competence to Stand Trial-Revised
D)Interdisciplinary Fitness Interview-Revised

Question 26

Which of the following is currently true of competency examinations?

A)They are generally conducted on an inpatient basis.
B)Competency evaluations done by nonmedical professionals are not as trustworthy as those conducted by physicians.
C)The presence of psychosis or mental retardation automatically leads one to declare a defendant incompetent.
D)Inpatient evaluations are seldom necessary.

Question 27

Which of the following competency tests is a semi-structured interview that evaluates a defendant's abilities in five legal areas and also assesses 11 categories of psychopathological symptoms?

A)Competency Screening Test
B)Competency Assessment Instrument
C)Interdisciplinary Fitness Interview
D)Evaluation of Competence to Stand Trial-Revised

Question 28

Daniel is being administered a competence test. During this test Daniel gave a wrong answer to an open-ended question. The test administrator provided the right answer and then later asked Daniel other open-ended questions to assess whether he now has an adequate understanding of the area. What test is Daniel taking?

A)Interdisciplinary Fitness Interview
B)Competency Assessment Instrument
C)Fitness Interview Test
D)MacArthur Structured Assessment of the Competence of Criminal Defendants

Question 29

In Medina v. California (1992), the U.S. Supreme Court ruled that ____________.

A)a coerced confession is not admissible
B)a state can require a criminal defendant to bear the burden of proof in a competence hearing
C)competence to stand trial and competence to plead guilty are two distinct entities
D)standard of clear and convincing evidence is the necessary standard of proof in competency hearings

Question 30

Oliver has been charged with murder. Oliver, who has a psychiatric history, does not seem to understand the charge against him. He has not answered any of the questions that his lawyer has asked him so he has not been assisting with his defense. Although his IQ has been tested and found to be in the low normal range, he does not seem to understand that if he pleads guilty, he is going to go to prison. Which of the following is the crucial issue that will determine whether or not Oliver is judged as incompetent?

A)His psychiatric history
B)His inability to participate knowingly and meaningfully in the proceedings
C)His inability to work with defense counsel
D)Both B and C

Question 31

Which of the following measures was specifically designed to evaluate competency in individuals with developmental disabilities?

A)IFI-R
B)ECST-R
C)CAST-MR
D)MacCAT-CA

Question 32

According to some estimates, the incidence of malingering mental illness in competency evaluations nears _____.

A)3%
B)10%
C)18%
D)27%

Question 33

Currently when one is evaluating competence, what really matters is ______________.

A)whether or not mental illness is present
B)whether or not mental retardation is present
C)whether or not a defendant has the ability to participate knowingly and meaningfully in the proceedings and assist the defense attorney
D)All of these are correct.

Question 34

Which of the following is a reason for doing a competence evaluation?

A)To discover information that could lead to a possible insanity defense
B)To guarantee the permanent incarceration of a potentially dangerous person
C)To encourage the judge to allow bail
D)To encourage the judge to set a trial date sooner

Question 35

Which of the following should make evaluators suspicious that a defendant might be faking incompetence?

A)Refusing to take the competency screening test
B)An extremely high score
C)An extremely low score
D)None of these are correct.

Question 36

A competency evaluation measure which presents a hypothetical vignette about a defendant and uses 22 items to assess a defendant's understanding of the legal system and reasoning abilities in legal situations is called the ___________.

A)Fitness Interview Test
B)Fitness Interview Test-Revised
C)Evaluation of Competence to Stand Trial-Revised
D)MacArthur Competence Assessment Tool-Criminal Adjudication

Question 37

In Cooper v. Oklahoma (1996)the Supreme Court ruled that ___________.

A)clear and convincing evidence of incompetence was too high a standard of proof
B)clear and convincing evidence of incompetence was the required standard of proof
C)a preponderance of the evidence indicating incompetence was too low a standard of proof
D)a preponderance of the evidence indicating incompetence was the required standard of proof

Question 38

What screening instrument is used to detect malingering?

A)Interdisciplinary Fitness Interview
B)Macarthur Competence Assessment Tool-Criminal Adjudication
C)Fitness Interview Test
D)Miller Forensic Assessment of Symptoms Test

Question 39

Which of the following competency tests is able to assess a defendant's ability to learn and apply new information and takes about two hours to complete?

A)Competency Screening Test
B)Competency Assessment Instrument
C)Fitness Interview Test
D)MacArthur Structured Assessment of the Competence of Criminal Defendants

Question 40

One study evaluating the Interdisciplinary Fitness Interview found that interviewers using this measure to evaluate competency agreed on final judgments about competence in __________.

A)less than 20% of cases
B)about 50% of cases
C)almost 100% of cases
D)about 75% of cases

Question 41

Approximately what percentage of defendants referred for competency evaluation are typically found competent to stand trial?

A)20%
B)35%
C)55%
D)70%

Question 42

The ______________________________ is a set of 25 measures that examines many factors clinicians need to consider when assessing criminal responsibility or insanity.

A)Mental Status Examination at the Time of the Offense
B)Rogers Criminal Responsibility Scales
C)Criminal Responsibility Factors-Revised
D)None of these are correct.

Question 43

What is the Supreme Court's view on a defendant's right to represent himself or herself at trial?

A)The defendant's decision must be made competently.
B)The judge must be convinced that the waiver of counsel was uncoerced and intelligent.
C)The defendant must have a law degree.
D)Both A and B

Question 44

Grisso et al. (2003), in a study of adolescents in juvenile detention facilities and community settings, found that ___________.

A)deficits in functional legal capacities were associated with lower IQ
B)certain adolescents were as impaired in their legal capacities as mentally ill adults found incompetent
C)Neither A nor B
D)Both A and B

Question 45

When can the government forcibly administer psychotropic medication to render a mentally ill defendant competent to stand trial?

A)When the treatment is medically appropriate
B)When the treatment is unlikely to have side effects that may undermine the trial's fairness
C)When the treatment is necessary to significantly further important government trial-related interests.
D)All of these are correct..

Question 46

One aspect of the waiver of Miranda rights is that defendants make a confession only after having waived these rights knowingly, intelligently, and voluntarily. At times, mental health professionals are asked to evaluate a defendant's capacity to waive his or her Miranda rights. This evaluation is particularly difficult because ___________.

A)the professional's evaluation usually occurs months after the defendant waived his or her rights and confessed. Thus, the professional can only make assumptions about the defendant's mental health at the time of the waiver and confession
B)evaluators do not have the ability to decide if one's rights were waived voluntarily
C)the judge limits the evaluation period to only 2 weeks, hardly enough time to do a full assessment
D)None of these are correct.

Question 47

At least one study has found that juvenile court judges consider _____________ valuable information when considering competency evaluations.

A)clinicians' ultimate opinions
B)forensic and psychological testing
C)clinicians' opinions about maturity
D)All of these are correct.

Question 48

How many states have abolished the insanity defense?

A)None
B)Five
C)10
D)20

Question 49

To civilly commit an "unrestorably incompetent" defendant, the state must show the defendant is _________________.

A)mentally ill and imminently dangerous to self and others, and unable to care for oneself
B)mentally ill, but not dangerous to others
C)mentally ill and so gravely disabled as to be unable to care for others and self
D)All of these are correct.

Question 50

In Whalen v. United States (1965), the court ruled that ___________.

A)defendants can be made to plead insanity against their will
B)defendants can be made to take medication against their will
C)defendants must be competent to be executed
D)defendants must be competent to stand trial

Question 51

_________________ refers to the defendant's relevant legal capacities after the crime (e.g., for the trial), whereas _______________ refers to the defendant's mental state at the time the offense was committed.

A)Competence; insanity
B)Insanity; competence
C)Mens rea ; nolo contendere
D)Nolo contendere ; mens rea

Question 52

As a result of Betty's competency evaluation, the doctor concluded that Betty is not only incompetent to stand trial, but that she will probably never be competent also. What could happen as a result?

A)She could be committed to a hospital through involuntary civil commitment proceedings.
B)She will likely be released.
C)She will be released on bail.
D)All of these are correct.

Question 53

In Ford v. Wainwright (1986), the court ruled that ___________.

A)defendants can be made to plead insanity against their will
B)defendants can be made to take medication against their will
C)defendants must be competent to be executed
D)defendants must be competent to stand trial

Question 54

Which of the following is not included in the definition of the M'Naghten rule?

A)Not knowing the difference between right and wrong
B)Suffering from a disease of the mind
C)Possession of evil spirits
D)Suffering from a defect of reason

Question 55

Generally speaking, most defendants have their adjudicative competence restored after about __________ of treatment.

A)2 weeks
B)3 months
C)6 months
D)1 year

Question 56

In Frendak v. United States (1979), the Court found that a defendant can reject an insanity plea if _________.

A)the defendant understands the alternative pleas available
B)the defendant understands the consequences of the pleas
C)Both options are correct.
D)Neither option is correct.

Question 57

Theodore Kaczynski, the "Unabomber," was given which of the following sentences after providing which of the following pleas?

A)Kaczynski pled guilty to manslaughter and was sentenced to life in prison.
B)Kaczynski pled guilty to manslaughter and was sentenced to death.
C)Kaczynski pled guilty to murder and was sentenced to life in prison.
D)Kaczynski pled guilty to murder and was sentenced to death.

Question 58

"Distinguishing between right and wrong" is central to which definition of insanity?

A)Durham rule
B)Brawner rule
C)M'Naghten rule
D)None of these are correct.

Question 59

Persons found not competent to stand trial often have ___________________ and are charged with __________________ crimes when compared to other defendants.

A)high percentages of psychosis; less serious
B)high percentages of mental illness; more serious
C)low rates of psychosis; as serious
D)low rates of mental illness; more serious

Question 60

What is the significance of the Supreme Court case, Ford v. Wainwrigh t (1986)?

A)It removed the right of the defendant to refuse the insanity defense when the court deemed it appropriate.
B)It required that the police demonstrate, beyond a reasonable doubt, that a suspect fully understood his or her Miranda rights before confessing.
C)Citing the Eighth Amendment, it prohibited the execution of mentally incompetent defendants.
D)It provided defendants with the constitutional right to waive counsel and represent themselves at trial.

Question 61

Jeffrey Dahmer admitted killing 15 young men. During his trial, the jurors considered his insanity plea. Wisconsin defines insanity using the Brawner rule, and the jurors decided that Dahmer was sane. What potentially caused the jurors to come to this conclusion?

A)Dahmer was careful to kill his victims in a manner that minimized his chances of being caught suggesting that he appreciated that his behavior was wrong and could control it.
B)The defense did not present a convincing expert.
C)They could find no evil motive for the defendant's actions.
D)The jurors thought that he would be released if they voted him not guilty by reason of insanity.

Question 62

If a mental-health expert on the witness stand provides an opinion about the defendant's sanity, this expert is said to have given a/an _______________.

A)APA approved testimony
B)ultimate opinion testimony
C)scientific evidence
D)ABA approved testimony

Question 63

Fulero and Finkel (1991)compared mock jurors' responses to expert testimony regarding the mental state of a defendant. They found that __________________________.

A)mental health experts providing only diagnostic testimony were the most influential
B)mental health experts providing a diagnosis and a penultimate opinion regarding the defendant's understanding of wrongfulness were the most influential
C)mental health experts providing a diagnosis, penultimate opinion, and an ultimate opinion about the defendant's mental state at the time of the act were the most influential
D)mental health experts did not differ in the extent to which they influenced mock jurors

Question 64

Fulero and Finkel (1991)conducted a study to investigate whether the presence of ultimate opinion testimony affected mock jurors' verdicts. What did they find?

A)Mock jurors who read ultimate opinion testimony were more likely to provide NGRI verdicts.
B)Mock jurors who read differing penultimate opinions were more likely to provide NGRI verdicts.
C)Mock jurors who read both penultimate opinions and ultimate opinion testimony were more likely to provide NGRI verdicts.
D)Mock jurors' verdicts were not affected by the type of testimony presented.

Question 65

The insanity defense is most often used in cases in which the defendant is charged with ____________.

A)a homicide
B)a misdemeanor
C)a violent felony
D)a nonviolent felony

Question 66

John W. Hinckley, Jr. was found not guilty by reason of insanity by the jury in his trial. What reason did the jurors give for their verdict?

A)The defense had proven that he was insane beyond a reasonable doubt.
B)The defense had not proven that he was sane beyond a reasonable doubt.
C)The prosecution had not proven that he was sane beyond a reasonable doubt.
D)The prosecution had proven that he was insane beyond a reasonable doubt.

Question 67

Researchers have found that when college students were presented with different insanity rules, they ___________.

A)showed low rates of accurate recall, but adequate comprehension of crucial components of the rules
B)showed low rates of accurate recall and comprehension of crucial components of the rules
C)showed accurate recall and comprehension of crucial components of the rules
D)could recall and understand the Brawner rule, but the accuracy and comprehension of the other rules suffered

Question 68

Which of the following is not true of the typical defendant who is found not guilty by reason of insanity (NGRI)?

A)Most have criminal records more extensive than those of defendants who are not insane.
B)Most come from lower socioeconomic backgrounds.
C)Most have been previously found incompetent to stand trial.
D)Female NGRI defendants have similar socioeconomic and criminal backgrounds to male NGRI defendants.

Question 69

How does the Brawner rule differ from the M'Naghten rule?

A)Brawner incorporates an emotional as well as a cognitive determinant of criminal action.
B)Brawner does not require a total lack of appreciation by offenders for their conduct.
C)Brawner includes a volitional element.
D)All of these are correct.

Question 70

Some evidence has shown that recidivism rates between persons found not guilty by reason of insanity (NGRI)and "regular felons" _________________.

A)are significantly different, with NGRI persons having higher rates of recidivism
B)are significantly different, with "regular felons" having higher rates of recidivism
C)are not significantly different
D)None of these are correct.

Question 71

Estimates regarding how often the insanity defense is used suggest that it is used in _________.

A)about one of every 10 defendants
B)about one of four or five defendants
C)about one of every 12 defendants
D)about one of every 11 or 12 defendants

Question 72

The mental health system's counterpart to parole is called a/an ___________.

A)partial confinement
B)NGRI release
C)judge mandated reprieve
D)conditional release

Question 73

The M'Naghten rule is currently the standard in approximately ___________.

A)13 states
B)29 states
C)29 states and the federal jurisdiction
D)23 states and the federal jurisdiction

Question 74

What insanity ruling is currently being used by about 18 of the U.S. states?

A)M'Naghten
B)Durham
C)Brawner
D)The Insanity Defense Reform Act

Question 75

The Insanity Defense Reform Act prohibits experts from giving ultimate opinions about insanity. Who then is supposed to make these decisions?

A)The judge
B)The defense attorney
C)The prosecutor
D)The jurors

Question 76

Steadman and Braff (1983)found that defendants in New York found not guilty by reason of insanity had an average hospital stay of __________.

A)one month
B)six months
C)two years
D)three years

Question 77

Which of the following is not a characteristic of the Insanity Defense Reform Act?

A)It removed the volitional element.
B)It made it possible for mental-health experts to provide ultimate opinions about the defendant's insanity at the time of the crime.
C)It placed the burden on the defendant to prove that he or she was insane at the time of the crime.
D)It prohibited experts from giving ultimate opinions about a defendant's insanity.

Question 78

In Ake v. Oklahoma (1985), the Supreme Court ruled that _____________.

A)all are entitled to a speedy trial
B)poor defendants who plead insanity are entitled to psychiatric assistance at state expense
C)the guilty but insane plea is to be allowed in federal court
D)the burden of proof in insanity cases is on the prosecution

Question 79

Which of the following do Jack Ruby, Sirhan Sirhan, and John Wayne Gacy have in common?

A)They all used the insanity defense but were found guilty anyway.
B)They were all found not guilty by reason of insanity.
C)They were all involved either in the assassination of a president or a presidential candidate.
D)They were all judged according to the Brawner definition of insanity.

Question 80

Available research suggests that the majority of defendants found not guilty by reason of insanity have been diagnosed with __________.

A)bipolar disorder
B)major depression
C)intellectual disability
D)psychosis