AAPL Landmark - Questions on Criminal Law and Incarceration

Question 1

In its decision in North Carolina v. Alford, the USSC affirmed which of the following statements?

A) The Fourteenth Amendment requires that defendants retain the right to a guilty plea despite the advice of competent counsel
B) Mens rea need not be considered in cases of clearly premeditated murder.
C) If the principal motivation behind a guilty plea is fear of death, the plea is invalid.
D) That standard for a plea is whether that plea is a “voluntary and intelligent choice among one’s options.
E) Because the local North Carolina court issued the incorrect jury instructions, Alford’s guilty plea should not have been accepted.

Answer 1

D) That standard for a plea is whether that plea is a “voluntary and intelligent choice among one’s options.

Question 2

The USSC has ruled that executing juveniles or the intellectually disabled is a violation of which constitutional amendment?

A) First
B) Fifth
C) Sixth
D) Eighth
E) Fourteenth

Answer 2

D) Eighth

Cruel and unusual punishment

Question 3

Which of the following statements regarding diminished capacity defenses is most accurate?

A) The Due Process Clause of the US Constitution requires them.
B) Pro se defendants cannot advance them.
C) They are unrelated to issues of intent and men’s rea.
D) Their use and relevance are the purview of each state.
E) They are unavailable to defendants option for trial by jury.

Answer 3

D) Their use and relevance are the purview of each state.

Question 4

A frequently cited basis for USSC decisions finding that involuntary, post-incarceration SVP commitment programs do not constitute criminal sanctions is:

A) Involuntary commitments do not extend past the period of parole supervision after incarceration mandated during the sentencing phase of the criminal proceedings.
B) Involuntary commitment is for the purpose of treatment rather than punishment.
C) Involuntary commitment is for the individuals convicted of sexual offenses who failed to complete sex offender treatment during incarceration.
D) Convicted sex offenders have both committed criminal acts and suffer from a mental disorder and, therefore, require both punishment and treatment.
E) Involuntary commitment requires a showing that sexual offense recidivism is more likely than not after release from incarceration.

Answer 4

B) Involuntary commitment is for the purpose of treatment rather than punishment.

Question 5

Does the U.S. Constitution require that a mentally ill prisoner receive a judicial hearing before he receives treatment over objection?

A) Yes. Mentally ill convicted prisoners need to be protected from prison-associated healthcare professionals, and a judicial hearing is, therefore, necessary to adjudicate treatment over objection.
B) No. Mentally ill convicted prisoners do not have the right to refuse medically appropriate treatment.
C) No. Mentally ill convicted prisoners have the right to refuse treatment. Still, an administrative review by medical professionals of the treatment refusal and the need for treatment over objection is sufficient to satisfy due process.
D) Yes. Prisoners with mental illness are entitled to the same due process rights as individuals who are involuntarily committed to civilian hospitals.

Answer 5

C) No. Mentally ill convicted prisoners have the right to refuse treatment. Still, an administrative review by medical professionals of the treatment refusal and the need for treatment over objection is sufficient to satisfy due process.

Washington v. Harper.

Question 6

The USSC has ruled that a state can make laws that:

A) Punish people addicted to drugs with incarceration
B) Punish people addicted to drugs with incarceration followed by forced treatment
C) Force people addicted to drugs to undergo treatment
D) Increase incarceration time for people addicted to drugs if they break another law
E) Treat people addicted to drugs exactly as people who are not

Answer 6

C) Force people addicted to drugs to undergo treatment

Question 7

Which of the following best illustrates the USSC’s use of the concept of an “evolving standard of decency”?

A) Roper v Simmons ruling against precedent set in Stanford v. Kentucky
B) Payne v. Tennessee ruling against the precedent set in Booth v. Maryland
C) Ford v. Wainwright decision in keeping with the history of common law
D) None of the above

Answer 7

A) Roper v Simmons ruling against precedent set in Stanford v. Kentucky

Ruled that executing juveniles was a violation of 8th Amendment protections

Question 8

U.S. v. Comstock, a case involving the civil commitment of a sex offender, was decided based on:

A) Procedural Due Process
B) Substantive Due Process
C) Double Jeopardy
D) Equal protection
E. Congressional authority.

Answer 8

E. Congressional authority.

The case ruled on whether Congress had the authority to pass legislation civilly committing sex offenders.

Question 9

What is the legal burden of proof in competence to stand trial hearings in federal court?

A) Clear and convincing evidence
B) Beyond a reasonable doubt
C) Without Due Clause
D) Preponderance of the evidence

Answer 9

D) Preponderance of the evidence

Copper v. Oklahoma.

Question 10

In cases of extreme emotional disturbance (EED), the burden of proving the EED:

A) Is typically only to a preponderance of the evidence because these cases are normally civil in nature
B) Is a presumption in a criminal case and so needs to be proved in the negative by the state to beyond a reasonable doubt
C) Is closely related to whether the defendant is proposing a not guilty by reason of insanity plea
D) Can constitutionally rest upon the defendant
E) Need only apply if the murder occurred in the setting of a different violent crime, such as robbery.

Answer 10

D) Can constitutionally rest upon the defendant

People v. Patterson, the state can place the standard - NY court of appeals

Question 11

In Miranda v. Arizona, the primary reason given by the Court in establishing the affirmative need for the police to inform suspects of their rights was:

A) Many defendants have borderline intelligence
B) First-time defendants cannot be assumed to know their rights
C) The application of specific constitutional rights varies from case to case
D) The inherently coercive nature of being in police custody
E) Defendants are presumed incompetent to stand trial until proven otherwise.

Answer 11

D) The inherently coercive nature of being in police custody

Question 12

The prosecution asks a psychiatrist to evaluate a capital defendant for competency to stand trial and to form an opinion about the defendant’s future risk for dangerousness in case of a capital sentencing hearing. There is no notice given to defense counsel, and the psychiatrist does not explain the limits of confidentiality. According to the ruling in Estelle v. Smith, which best describes how this defendant’s constitutional rights have been violated?

A) Fifth Amendment, because he did not know he could refuse, and Eighth Amendment, because the prosecution is seeking the death penalty in a defendant who may not be competent for trial
B) Sixth Amendment, because he did not know he could refuse examination.
C) Fifth Amendment, because he did not have access to counsel, and Sixth Amendment, because he did not know he could refuse.
D) Fifth Amendment, because he did not know he could refuse, and Sixth Amendment, because he did not have access to counsel
E) Fifth Amendment because he did not have access to counsel.

Answer 12

D) Fifth Amendment, because he did not know he could refuse, and Sixth Amendment, because he did not have access to counsel

Question 13

Before the Insanity Defense Reform Act of 1984, if there was some evidence of mental illness, the burden of proof in federal court was on:

A) The government to prove sanity beyond a reasonable doubt
B) The government to prove sanity by a preponderance of the evidence
C) The defendant to prove insanity beyond a reasonable doubt
D) The defendant to prove insanity by clear and convincing evidence

Answer 13

A) The government to prove sanity beyond a reasonable doubt

Question 14

Consideration of competency at any time during a trial, when sufficient doubt arises as to a defendant’s current competence, protects the defendant’s right to:

A) A fair trial
B) Autonomy
C) Freedom of Speech
D) Immunity

Answer 14

A) A fair trial

Drope v. Missouri

Question 15

During participation in a sexual offender treatment program, the 5th Amendment privilege against self-incrimination is:

A) Protected by allowing persons to participate even if they have not acknowledged their offense(s) or provided a sexual history
B) Protected by guaranteeing that disclosed information cannot be shared outside of treatment
C) Not guaranteed because there is a legitimate goal of rehabilitation
D) Not relevant because treatment occurs outside of the criminal justice system

Answer 15

C) Not guaranteed because there is a legitimate goal of rehabilitation

McKune v. Lile

Question 16

Which of the following statements is most accurate regarding the Supreme Court’s holding in Montana v. Egelhoff?

A) Voluntary intoxication was deemed a necessary consideration in criminal cases.
B) The holding is not important to most jurisdictions, so it has had minimal impact on subsequent case law and practice
C) All states must offer charged defendants the option of pleading not guilty by reason of insanity
D) It affirmed the jurisdictions can constitutionally preclude consideration of voluntary intoxication when trying a criminal defendant.
E) All evidence, regardless of probative value, is required to be entertained by the trier of fact.

Answer 16

D) It affirmed the jurisdictions can constitutionally preclude consideration of voluntary intoxication when trying a criminal defendant.

Question 17

Which of the following statements is true?

A) AAPL ethical guidelines prohibit a psychiatrist from providing psychiatric treatment to a patient found incompetent to be executed
B) AAPL ethical guidelines prohibit psychiatrists from conducting examinations of competency to be sentenced in capital cases
C) AMA guidelines state that physicians should not participate in executions.
D) APA guidelines prohibit a psychiatrist from providing psychiatric treatment to a patient found incompetent to be executed.
E) The AMA states that testifying to medical aspects of aggravating or mitigating circumstances during the sentencing phase of a capital case constitutes physician participation in an execution.

Answer 17

C) AMA guidelines state that physicians should not participate in executions.

Question 18

The standard for a confession to be admissible is:

A) Voluntary and knowing
B) Informed consent
C) Clear and convincing
D) Competent
E) Intelligent

Answer 18

A) Voluntary and knowing

Question 19

What U.S. Supreme Court case first defined the criteria for competency to stand trial?

A) Drope v. Missouri
B) Jackson v. Indiana
C) Dusky v. U.S.
D) Wilson v. U.S.

Answer 19

C) Dusky v. U.S.

Question 20

An indigent defendant seeks to put forth an insanity defense, but the state denies his request to provide a psychiatric expert to examine his mental state at the time of the crime. According to Ake v. Oklahoma, what constitutional right has been violated?

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Fourteenth Amendment Due Process Clause
E) Fourteenth Amendment Equal Protection Clause

Answer 20

D) Fourteenth Amendment Due Process Clause

Question 21

Which of the following statements is most accurate regarding the decision of the Washington, D.C. Court of Appeals in Ibn-Tamas v. U.S.

A) The “battered wife syndrome” is clearly a legitimate clinical entity and so should be considered by courts in cases involving alleged abuse.
B) The “battered wife syndrome” is clearly not a legitimate clinical entity and so should not be considered by courts in cases involving alleged abuse
C) Expert testimony regarding the “battered wife syndrome” may be admissible, depending on the credentials of the expert and whether the testimony’s probative value exceeds its potential prejudicial impact.
D) The defense erred in selecting a psychologist as the expert because “battered wife syndrome” is more accurately placed in the purview of psychiatrists.
E) Clearly established victims of “battered wife syndrome” should have immediate and full exculpation if their violence was against the historical abuser

Answer 21

C) Expert testimony regarding the “battered wife syndrome” may be admissible, depending on the credentials of the expert and whether the testimony’s probative value exceeds its potential prejudicial impact.

Question 22

Which of the following reasons has led courts to find sex offender registration laws in violation of the Eighth Amendment?

A) The offenders already spent time in prison
B) The restrictions imposed on registered sex offenders were disproportionate to their crimes
C) There was no evidence presented that the registration process accomplished another goal, such as reducing recidivism
D) The registration rationale was based on irrational fear.
E) All of the above.

Answer 22

E) All of the above.

Question 23

The three-judge panel convened for Brown v. Plata to remedy the violation of prisoners’ rights related to proper medical and mental health care. Under which congressional act was it authorized?

A) Employee Retirement Incom Security Act (ERISA)
B) Health Insurance Portability and Accountability Act (HIPPA)
C) Prison Litigation Reform Act (PLRA)
D) Mental Health Parity Act
E) The Act of 1812

Answer 23

C) Prison Litigation Reform Act (PLRA)

Question 24

A successful diminished capacity defense:

A) Can transfer a case from criminal to civil domain
B) Frequently leads to full acquittal of charge
C) Can be affirmatively placed despite a clear lack of competence
D) Can reduce a specific intent crime to a general intent crime
E) Can originate from the prosecution

Answer 24

D) Can reduce a specific intent crime to a general intent crime

Question 25

Mental disorder considerations in SVP commitment proceedings: A) Must be linked to sexually offending behaviors B) Are defined by the term "mental illness." C) Do not include personality disorders D) Are required to satisfy "procedural" due process requirements

Answer 25

A) Must be linked to sexually offending behaviors

Question 26

A prison official who knowingly places a prisoner in a situation where the official is aware of a substantial risk of serious harm may be held liable for acting with: A) Nonmaleficence B) Deliberate indifference C) Failure to provide a comfortable environment. D) Negligence E) Indifference

Answer 26

B. Deliberate indifference

Question 27

Which of these cases addressed the issue of mentally ill persons's competence to be executed? A) Atkins v. Virginia B) Roper v. Simmons C) Estelle v. Smith D) State v. Perry E) Ford v. Wainwright

Answer 27

E) Ford v. Wainwright

Question 28

Which of the following statements is true regarding the involuntary treatment of a death row inmate with antipsychotic medication to restore his competence to be executed? A) The APA prohibits treatment of capital defendants who are incompetent to stand trial B) In State v. Perry, the USSC found that involuntary treatment with medication to restore competency represented cruel and unusual punishment. C) Federal law dictates that when an offender is convicted of a capital crime, he no longer maintains privacy rights that would allow him to refuse medical treatment. D) Washington v. Harper specifically addressed antipsychotic treatment refusal in death row inmates and found that it is unconstitutional for the state to treat over objection for the purpose of restoring competency. E) In State v. Perry, the court reasoned that forcing drugs merely to facilitate execution does not constitute medical treatment and instead violates the inmate's right to privacy and constitutes cruel and unusual punishment.

Answer 28

E) In State v. Perry, the court reasoned that forcing drugs merely to facilitate execution does not constitute medical treatment and instead violates the inmate's right to privacy and constitutes cruel and unusual punishment.

Question 29

The holding in Colorado v. Connelly found no mental health exception to the existing standard that a confession tken from police interrogation should only be suppressed if: A) Miranda rights were not presented prior to the confession B) Coercive police activity was used to obtain the police confession. C) The confession was not the product of "a rational intellect and free will." D) There was an illegal search and seizure prior to the police interrogation. E) It is not promptly notarized following the confession.

Answer 29

B) Coercive police activity was used to obtain the police confession.

Question 31

In Vitek v. Jones, the transfer of Mr. Jones to a mental hospital was declared unconstitutional because: A) It infringed on his rights, prohibiting cruel and unusual punishment. B) It infringed on his right to due process under the 14th Amendment C) He was forced to acknowledge his mental illness D) The receiving facility was unable to care for his basic needs.

Answer 31

B) It infringed on his right to due process under the 14th Amendment

Question 32

The Constitutional challenge to the procedure of police confessions in Colorado v. Connelly rests on which US constitutional amendment? A) 1st B) 2nd C) 4th D) 8th E) 14th

Answer 32

E) 14th Due process of law, noting that police coercion invalidates a confession

Question 33

Which of the following was a consideration in the decision in Atkins v. Virginia? A) Mental retardation does not affect an individual's culpability B) Execution of mentally retarded offenders would provide a reasonable deterrent effect for other potential offenders with mental retardation C) Mentally retarded offenders may be less able to assist in their defense. D) Very few states prohibit the execution of mentally retarded offenders.

Answer 33

C) Mentally retarded offenders may be less able to assist in their defense.

Question 34

Proof of lack of ability to control behavior in SVP commitment is: A) Not required if a mental disorder or equivalent is shown because of the implied influence of mental disorder on volitional behavior. B) Not required if the criminal history indicates repeated serious recidivistic behavior. C) Required because there is a clear demarcation between emotional and volitional behavior. D) Adequately established if there is proof of serious difficulty controlling behavior.

Answer 34

D) Adequately established if there is proof of serious difficulty controlling behavior.

Question 35

Which of the following is not necessarily a reason that amnesia may render a defendant incompetent? A) inability to follow the proceedings B) Inability to discuss proceedings rationally with an attorney C) Inability to remember all details of the alleged crime D) Abilify to testify on one's own behalf.

Answer 35

C) Inability to remember all details of the alleged crime Wilson v. US

Question 36

What additional factor was added to the definition of the "deliberate indifference" standard in Farmer v. Brennan? A) Negligence B) Actual awareness of the risk of serious harm C) Disregard of the risk of harm C) Physical injury

Answer 36

B) Actual awareness of the risk of serious harm

Question 37

Which of the following statements is true concerning using victim impact statements as decided in Payne v. Tennessee? A) Victim impact statements aid the jury in assessing moral culpability. B) Psychiatrists are prohibited from testifying about the psychological impact of a crime on the victim's family. C) The Jury should decide a capital sentence based only on the character of the defendant and the circumstances of the crime. D) Victim impact statements contribute to arbitrary or capricious sentencing. E) The state does not have a legitimate interest in rebutting the mitigating evidence offered by the defense.

Answer 37

A) Victim impact statements aid the jury in assessing moral culpability.

Question 38

Which of the following NGRI defenses is most likely to succeed in a M'Naughten jurisdiction? A) A patient with OCD who assaults someone on the street when an outdoor merchant attempts to sell her a piece of luggage she thinks is full of germs. B) A patient with PTSD who shoots his girlfriend believing he was in the battlefield facing an undercover enemy combatant. C) A patient with pathological gambling who could not stop himself from spending his employer's money at the casino. D) A patient with pedophilic disorder who repeatedly masturbates in a children's park.

Answer 38

B) A patient with PTSD who shoots his girlfriend believing he was in the battlefield facing an undercover enemy combatant. This scenario presents the cognitive piece required for M'Naughten.

Question 39

The "necessary and proper" clause under which the statute in U.S. v. Comstock was determined to be constitutional can be found in which amendment? A) First B) Fifth C) Eight D) Fourteenth E) None of the above

Answer 39

E) None of the above The "necessary and proper clause" is under the 1st Amendment.

Question 40

Mr. Dean, who has a history of schizoaffective disorder, went into a restaurant and shot all the meat-eating diners. He was acutely psychotic at the time of the crime. In an ALI jurisdiction, what would he argue to get an NGRI verdict? A) At the time of the crime, he believed eating meat was morally wrong. B) At the time of the crime, he was hearing auditory hallucinations telling him that God believes eating meat is wrong, and God was telling him to kill meat eaters to save these people from contracting and spreading deadly meat-borne illnesses. C) At the time of the crime, he believed that people who eat meat should be shot just like the animals that are shot for food. D) At the time of the crime, he believed his law-breaking in the service of social activism should be exculpatory.

Answer 40

B) At the time of the crime, he was hearing auditory hallucinations telling him that God believes eating meat is wrong, and God was telling him to kill meat eaters to save these people from contracting and spreading deadly meat-borne illnesses. ALI states that as a result of mental disease, a person lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

Question 41

The U.S. Supreme Court ruled that it is unconstitutional for a state to regulate drug abuse through: A) Criminal sanctions against the unauthorized manufacture, prescription, sale, purchase, or possession of narcotics within its borders. B) Compulsory treatment for those addicted to narcotics, with periods of involuntary confinement as part of the treatment program. C) Penal sanctions for a failure to comply with established compulsory treatment procedures D) Public health education and efforts to ameliorate the economic and social conditions under which drug abuse flourishes E) Imprisonment of an addict who travels through a state's jurisdiction.

Answer 41

E) Imprisonment of an addict who travels through a state's jurisdiction. Robinson v. California ruled that it was cruel and unusual punishment to arrest people for a status they could not control if they had not performed any other antisocial or disorderly behavior.

Question 42

Legal challenges raised regarding commitment to SVP programs include: A) Double Jeopardy B) Ex post facto lawmaking C) Substantive and procedural due process D) Fifth Amendment privilege against self-incrimination E) All of the above

Answer 42

E) All of the above

Question 43

In People v. Patterson, the NY Court of Appeals proposed which of the following arguments in its support of state law as it existed governing extreme emotional disturbance defenses? A) The law still required the state to prove all elements of a crime despite placing the burden of proving the EED on the defense. B) A resounding majority in the Senate passed the law and should be offered wide latitude in interpretation. C) Because it was a state and not a federal law, it was not governed by the U.S. Constitution. D) Voluntary intoxication has always been accepted in common law and should be incorporated into EED considerations. E) As a fundamental right, access to an EED defense is firmly rooted in the U.S. Constitution.

Answer 43

A) The law still required the state to prove all elements of a crime despite placing the burden of proving the EED on the defense.

Question 44

The case of Powell v. Texas led to the U.S. Supreme Court review of a statute for the alleged infliction of a cruel and unusual punishment. In this case, the Court ruled that Mr. Powell was rightfully convicted for: A) Being an alcoholic B) Being drunk in public C) committing a murder while drunk D) Performing an unlawful act while drunk that was the product of a mental disease or defect E) Being unable to tell right from wrong when drunk.

Answer 44

B) Being drunk in public It wasn't his status of being an alcoholic, it was that he was drunk in public.

Question 45

Can a pretrial detainee be treated over his objection for the purpose of restoring competence to stand trial? A) Yes, as long as the court finds that the patient is also dangerous. B) Yes, but only if certain criteria about medical appropriateness and governmental interests are met. C) No. Forcible medication can only be given against someone's will for purposes of treatment, not for competence to stand trial. D) No. Medications can never be given to a pretrial detainee against his will because the side effects might result in unfair trial prejudice.

Answer 45

B) Yes, but only if certain criteria about medical appropriateness and governmental interests are met. Sell v. U.S. established criteria. The treatment had to be necessary and in the government's interest.

Question 46

Which of the following was cited as a reason to hold defendants to a different standard for competence for pro se representation than for competency to stand trial in Indiana v. Edwards? A) Mentally ill defendants are always incompetent B) the variable quality of court-appointed legal personnel C) The need to affirm the dignity of the defendant D) The inherent inequality of the U.S. legal system

Answer 46

C) The need to affirm the dignity of the defendant States can set a higher standard than Dusky

Question 47

Brown v. Plata involves a class of prisoners in California who: A) Alleged sexual abuse B) Alleged wrongful convictions C) Had serious medical problems D) Had serious mental health problems E) Had serious medical and/or mental health problems.

Answer 47

E) Had serious medical and/or mental health problems. Overcrowding of California prisons.

Question 48

Sex offender treatment programs during incarceration: A) Should not predicate prison privileges on program participation B) May require participants to take responsibility for the sexual offense leading to conviction C) Do not consider past sexual behaviors not associated with a formal criminal history to be relevant. D) Must be made available to those individuals who may be subject to SVP commitments.

Answer 48

B) May require participants to take responsibility for the sexual offense leading to conviction. McKune v. Lile

Question 49

In evaluating whether someone is ineligible for the death penalty due to an intellectual disability, a clinician should: A) Read the IQ score as a range instead of a single fixed number. B) Consider the additional evidence of medical and behavioral histories for a defendant C) Provide testimony regarding adaptive deficits D) All of the above

Answer 49

D) All of the above

Question 50

In a capital murder case, an expert who testifies about characteristics that might increase the likelihood of future dangerousness should: A) Inform the jury that predictions of future dangerousness can be made precisely and with absolute certainty B) Include the defendant's race or ethnicity as a factory that contributes to increased risk C) Make sure to root his or her opinion in evidence-based practice standards, including data from standardized risk assessment tools. D) Testify that the vast majority of people who are violent suffer from mental illnesses.

Answer 50

C) Make sure to root his or her opinion in evidence-based practice standards, including data from standardized risk assessment tools.