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Winslade and Ross (1983)reviewed Trials in Which the Defendant Used

Question 92

Multiple Choice

Winslade and Ross (1983) reviewed trials in which the defendant used the insanity defense. On the basis of their analysis of the outcomes of these trials, they recommended that the insanity defense be eliminated. What did they suggest should happen instead?


A) They proposed that only guilt or innocence should be determined with no concern for the defendant's state of mind.
B) They proposed a two-phase trial. The goal of the first phase is to establish guilt or innocence with no consideration of the individual's state of mind. If there is a guilty verdict, then the second phase would address the disposition of the defendant (hospitalization and incarceration would both be possible options) .
C) They proposed that a diminished capacity defense be used instead.
D) They proposed a two-phase trial. The goal of the first phase is to establish guilt or innocence and the extent of the defendant's mental illness. The second phase of the trial is for sentencing.

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