Question 1

What was the basis for the irresistible impulse test used in the late 19th century?

Accepted Answer

The basis for the irresistible impulse test was the finding that even though some people intellectually know that their behavior is illegal they still can't control their behavior. This test was introduced as an alternative to the stricter M'Naghten rule, which required defendants to prove that their mental illness prevented them from understanding the nature and quality of their actions or that they did not know what they were doing was wrong. The irresistible impulse test took into account the fact that some people may have the ability to understand right from wrong but may still be unable to control their behavior due to their mental illness.

Question 2

In the United States about 1 percent of those charged attempt a defense of not guilty by reason of insanity (NGRI). Of those about what percent are successful?

Accepted Answer

Approximately 25 percent of those who attempt a defense of not guilty by reason of insanity (NGRI) in the United States are successful.

Question 3

The mental disorder defense was codified in 1843 when _______was found not guilty by reason of insanity.

Accepted Answer

The mental disorder defense was codified in 1843 by the M'Naghten Rule, which stated that a defendant could not be held responsible for a crime if, at the time of the crime, they suffered from a mental disorder that prevented them from understanding the nature and consequences of their actions. Hinckley gained notoriety for successfully using this defense after he attempted to assassinate then-President Reagan in 1981. Freud and Conan-Doyle were not involved in the codification of this defense.

Question 4

There is considerable overlap between the legal systems in the United States and the mental health professions in the area of expert witnesses. Court rulings have imposed some limits on the expert witnesses, requiring that

Accepted Answer

Court rulings have required that expert witness testimony be based on science and not mere personal opinion. This applies to both mental health professionals and other experts in various fields. Therefore, it is important for mental health professionals who serve as expert witnesses to ensure that their opinions are grounded in scientific evidence and supported by research. Additionally, while psychiatrists and medical doctors may be preferred as expert witnesses in mental health cases, other mental health professionals with appropriate expertise and qualifications may also be able to provide valuable testimony. The use of neutral witnesses appointed by a judge is not always required or the norm in all cases.

Question 5

If you were a lawyer defending a client who is mentally ill and you were to use the conditions of the American Law Institute model legislation on the insanity defense (1955) you would have to provide evidence that your client

Accepted Answer

According to the American Law Institute model legislation on the insanity defense (1955), in order to use the insanity defense, the defendant must have lacked substantial capacity to appreciate the criminality or wrongfulness of their offense. While being mentally ill at the time of the offense may be a contributing factor, it is not the only requirement. Likewise, lacking knowledge of the law due to mental illness is not sufficient on its own to justify the insanity defense. Therefore, the best choice is B.

Question 6

What was the major change in the insanity defense contained in the Defense Reform Act?

Accepted Answer

The major change in the insanity defense contained in the Defense Reform Act was that the burden of proof shifted to the defense, requiring them to prove the defendant's insanity, rather than the prosecution having to prove the defendant was not insane.

Question 7

A 1954 ruling by a Washington D.C. federal court in Durham v. United States broadened the insanity defense to indicated that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or defect. This came to be known as the

Accepted Answer

The answer of A 1954 ruling by a Washington D.C....

Question 8

S. law an exception to criminal responsibility is contained in the concept of

Accepted Answer

Insanity is recognized as an exception to criminal responsibility in U.S. law. The other options (B, C, and D) are either synonyms or variations of the concept of insanity.

Question 9

In 1981 John Hinckley tried to kill then president of the United States Ronald Reagan. This case study begins chapter 18 of the textbook. Hinckley had a history of odd behavior and was subsequently found not guilty by reason of insanity. As a result of the Hinckley trial and verdict

Accepted Answer

The Hinckley trial and verdict led to the rewriting of federal laws to make it more difficult to achieve the not guilty by reason of insanity defense. This was done in order to address concerns that the standard for insanity was too lenient and that defendants were able to avoid accountability for their actions.

Question 10

In England

Accepted Answer

The M'Naghten rule is still the standard for the insanity defense in England, but it is used in only a few cases each year.

Question 11

For more than eight years, Marilyn's husband has subjected her to physical and psychological abuse. As a result, she has been treated in the emergency room more than 10 times for a variety of injuries from bruises to broken bones. Each time she is abused, her husband begs for forgiveness. Finally, one night she takes his gun and shoots him as he is sleeping. She is charged with murder. What problem will Marilyn have when she is tried for murder?

Accepted Answer

The problem that Marilyn will have is that a defense of self-defense is typically allowed only when the person's life is in immediate danger. Shooting her husband while he was sleeping, even if she had been abused for eight years, does not meet the standard for self-defense. The battered woman defense may be raised, but it is not a guarantee for acquittal or a lighter sentence. The Supreme Court has not determined that "battered woman syndrome" cannot be used in cases involving murder, and mental health professionals may testify concerning a defendant's state of mind in a variety of contexts, not just when a defendant pleads "not guilty by reason of insanity."

Question 12

Last year Leslie shot and killed her husband after years of abuse. She has rejected a plea bargain and is ready for trial. Her defense attorney is going to call experts on battered woman syndrome. What question will the prosecution want to ask the experts on battered woman syndrome?

Accepted Answer

The prosecution may want to challenge the experts on how someone who is suffering from learned helplessness, as is common with battered woman syndrome, could bring herself to commit a violent act like killing. This challenges the notion that Leslie acted out of self-defense or as a result of a mental disorder.

Question 13

You are a psychologist hired by the defense in a case involving the issue of not guilty by reason of insanity. Based on changes resulting from the Hinckley case and the Defense Reform Act of 1984 it is likely that the thrust of your testimony would be in support of the defendant's

Accepted Answer

The Hinckley case and the Defense Reform Act of 1984 changed the criteria for the insanity defense to require that the defendant not only had a mental illness at the time of the offense but also that the illness prevented them from appreciating the nature and quality or wrongfulness of their behavior. Therefore, the thrust of the testimony would likely be to support the defendant's inability to appreciate the nature and quality or wrongfulness of her behavior due to her mental illness.

Question 14

In most cases of a successful defense based on not guilty by reason of insanity the defendant spends some time in a mental health facility after the verdict. What is true of the time spent in such a facility by the individual?

Accepted Answer

The answer of In most cases of a successful defense...

Question 15

The idea that people act out of free will, that they are accountable for their actions when they violate the law, is known as the legal concept of

Accepted Answer

Criminal responsibility is the legal concept that holds individuals accountable for their actions when they violate the law. This implies that individuals have the free will to choose to act or not to act in a certain way, and therefore, they should be held responsible for any criminal behavior they engage in. Mens rea refers to the mental state or intention of the offender at the time of committing the offense, while innocent until proven guilty is a principle of criminal law that holds that a defendant is presumed to be innocent until the prosecution proves their guilt beyond a reasonable doubt. Individual responsibility is a broader term that encompasses moral and ethical responsibility, as well as legal responsibility, and is not specific to the criminal justice system.

Question 16

Another attempt to reform the insanity defense was introduced by the American Bar Association in 1995 and was known as

Accepted Answer

The American Bar Association's attempt to reform the insanity defense in 1995 was known as "guilty but mentally ill." This defense allows for a defendant to be found guilty of a crime, but also acknowledges a mental illness that may have contributed to their behavior. This defense seeks to provide treatment and rehabilitation for individuals with mental illness while also holding them accountable for their crimes.

Question 17

Harry Jenkins has pled "not guilty by reason of insanity." The state where Harry is being tried uses the M'Naghten test of insanity. What question will the judge use when instructing the jury on the basis of their decision in this case?

Accepted Answer

The M'Naghten test focuses on whether the defendant knew right from wrong at the time of the crime. This is the question the judge will use to instruct the jury in Harry Jenkins' case.

Question 18

The textbook makes the point early in chapter 18 that

Accepted Answer

The textbook explicitly states that "the legal definition of insanity is not the same as the psychological definition of mental illness" (p. 595).

Question 19

The Supreme Court of the United States has requested a social science review of the evidence on battered woman syndrome. What will that review reveal?

Accepted Answer

The social science review requested by the Supreme Court of the United States is likely to reveal that scientific evidence supporting the syndrome is weak to nonexistent. The review is likely to find that there is no consensus among researchers and clinicians about the validity and reliability of battered woman syndrome as a diagnostic category.

Question 20

American psychiatrist Thomas Szasz has taken the somewhat radical position that

Accepted Answer

Szasz believes that mental illnesses do not excuse individuals from their responsibility for their behavior, and that they should still be held accountable for their actions. In other words, he argues that even individuals with serious mental illnesses have the capacity for agency and should be treated as responsible agents.

Quiz 18: Mental Health and the Law