Chapter 9

Question 1

What is Civil Commitment?

Answer 1

Requires presence of mental illness, focuses on future and present, and is a civil issue.

Question 2

What is Insanity?

Answer 2

Requires presence of mental illness, focuses on past, and is a criminal issue.

Question 3

What is Competency?

Answer 3

Does not require presence of mental illness, focuses on present, and is a civil and criminal issue.

Question 4

What is the rationale for the Insanity Defense?

Answer 4

The presence of mental illness that can remove criminal responsibility - mens rea.

Question 5

What does Not Guilty by Reason of Insanity (NGRI) mean?

Answer 5

Legal status indicating a defendant is not responsible for a crime due to mental illness.

Question 6

What is another term for Not Guilty by Reason of Insanity?

Answer 6

Not Responsible by Reason of Insanity (NRRI).

Question 7

What are Insanity Standards?

Answer 7

Criteria used to determine if a defendant was insane at the time of the crime.

Question 8

What is the Wild Beast Test?

Answer 8

Insanity indicated by total deprivation of understanding and memory, akin to an infant or a wild beast.

Question 9

What is the M’Naghten Rule?

Answer 9

Insanity applies if the defendant suffers from a defect of reason, from disease of the mind, as not to know the nature and quality of the act, or did not know he was doing wrong.

Question 10

What is the M’Naghten Standard?

Answer 10

The defendant must suffer from a mental illness or ‘disease of the mind’.

Question 11

What are criticisms of the M’Naghten Standard?

Answer 11

Too narrowly focused/Too Conservative, focuses on the cognitive aspects of insanity.

Question 12

What does ‘Nature of the act’ refer to?

Answer 12

Pertains to the physical aspects of the crime.

Question 13

What does ‘Quality of the act’ suggest?

Answer 13

The defendant must know the potential harm that could occur.

Question 14

What does Volitional refer to?

Answer 14

Refers to a person’s ability to choose a given course of action.

Question 15

What is the Irresistible Impulse Test?

Answer 15

A test to determine if a defendant was unable to control their actions due to mental illness.

Question 16

What is the Durham/Product Rule?

Answer 16

Insanity applies if the crime is a product of mental disease in the defendant.

Question 17

What is the ALI or Brawner Rule?

Answer 17

A person is insane if he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the law due to mental disease or defect.

Question 18

What did the Insanity Defense Reform Act (1984) change?

Answer 18

Made four significant changes in federal insanity law, including removing the volitional prong, barred ultimate issue testimony and switching the burden of proof to the defense.

Question 19

What is the Burden of proof?

Answer 19

The legal duty that one side must fulfill to meet its case; placed upon the defendant to prove he was insane.

Question 20

What does Guilty But Mentally Ill (GBMI) mean?

Answer 20

An accused may be found GBMI if guilty of the crime, mentally ill at the time of the offense, and not legally insane.

Question 21

What are the GBMI criteria?

Answer 21

A person may be found GBMI if: (1) guilty of the offense; (2) mentally ill at the time of the offense; (3) not legally insane at the time of the offense.

Question 22

What is the sentence for GBMI?

Answer 22

Beginning the sentence at a hospital for treatment, then transferred to prison for the remainder.

Question 23

What is the supervision in GBMI cases?

Answer 23

More strict in some states as proper mental health treatment is not given.

Question 24

What challenges exist for the Insanity Defense?

Answer 24

Four states have abolished the insanity defense: Montana, Idaho, Utah, and Kansas.

Question 25

What was the ruling in Clark v. Arizona (2006)?

Answer 25

Court ruled that Arizona's definition of insanity was appropriate.

Question 26

What do studies show about Insanity Standards in Mock Jurors?

Answer 26

Shown to have little effect on juror verdicts.

Question 27

What is the impact of GBMI on NGRI verdicts?

Answer 27

GBMI is shown to reduce the number of NGRI verdicts, as well as guilty verdicts.

Question 28

What are common myths about insanity?

Answer 28

Standard of insanity makes a significant difference in the rate of acquittals.

Question 29

What is the success rate of the insanity defense?

Answer 29

Data shows that it is successful about 26% of the time.

Question 30

What is true about insanity acquitted individuals?

Answer 30

Insanity acquitted are not severely mentally ill.

Question 31

What percentage of insanity acquittals are charged with murder?

Answer 31

Most insanity acquittals are charged with murder, but in fact only 14.3% are charged with murder; 38.2% are charged with physical assault.

Question 32

What is the disposition of insanity acquittals?

Answer 32

85% are sent to mental hospital; 15% are freed; 12% on conditional release; 3% are Outpatient; 1% are released.

Question 33

What are the recidivism rates of insanity acquitted individuals?

Answer 33

Recidivism rates are at a low 24%.

Question 34

What is the evaluation of insanity?

Answer 34

Nature of mental illness is largely undefined by the courts.

Question 35

What are forensic evaluations?

Answer 35

Forensic evaluations are retrospective and require the forensic psychologist to reconstruct defendant's mental state weeks or even months after the crime.

Question 36

What is the reliance on third-party information in insanity evaluations?

Answer 36

Greater reliance on third-party information.

Question 37

What are common procedures for insanity evaluations?

Answer 37

Common Procedures for Insanity Evaluations consist of three major components: an interview, use of forensic related assessment instruments, and collection of third-party and collateral information.

Question 38

What are the elements of Borum and Grisso's report?

Answer 38

Eleven different elements essential for a report: (1) psychiatric history, (2) current mental status, (3) formal mental status exam, (4) any current psychotropic medication, (5) psychological testing, (6) mental health records, (7) police information, (8) presence or absence of any prior diagnosis, (9) presence/absence and degree of any alcohol/substance abuse, (10) defendant's description of the offense, (11) collateral description of the offense.

Question 39

What is the Rogers Criminal Responsibility Assessment?

Answer 39

30-item measure intended to be used to standardize the information obtained from an insanity evaluation.

Question 40

What is the design of the RCRA?

Answer 40

Designed with ALI criteria; author recommends its use in jurisdictions using the M'Naghten standard.

Question 41

What are the components of the Rogers Assessment?

Answer 41

Divided into 5 components: patient's reliability, organicity, psychopathology, cognitive control, and behavioral control.

Question 42

What is the evidence of malingering in insanity acquitted individuals?

Answer 42

Insufficient evidence to conclude that insanity acquitted are successfully feigning mental illness or neuropsychological impairments at significant rates.

Question 43

What is Automatism?

Answer 43

Some criminal acts may occur involuntarily.

Question 44

What is Diminished Capacity?

Answer 44

Testimony regarding mental status at the time of the crime without claiming insanity.

Question 45

Can intoxication be used as a defense?

Answer 45

Can't be the basis for insanity but can be used to be a basis for insufficient mens rea.

Question 46

What is Involuntary intoxication?

Answer 46

This defense may also apply to involuntary intoxication.