Chapter 9 powerpoint pt. 2 Flashcards Preview

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Flashcards in Chapter 9 powerpoint pt. 2 Deck (46)
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1
Q

What is the burden of proof required under The American Law Institute Substantial Capacity (Model Penal Standard) Test?

A

(1) The defendant is presumed sane until the defendant provides evidence
(2) Prosecution possesses the burden of persuasion to establish sanity beyond a reasonable doubt

2
Q

What are some of the criticism that critics have towards the insanity defense?

A

(1) Bias
(2) Theories of Punishment-undermines the criminal justice system’s concern with deterrence, retribution, and incapacitation
(3) Moral Blameworthiness
(4) Experts debate

3
Q

What are defenders of the insanity defense’s counterargument to critics?

A

Defenders argue that critics exaggerate the significance of the defense and only a small number of deserving defendants are generally evaluated as legally insane.

4
Q

___ states adopted a verdict of guilty but mentally ill.

A

13

5
Q

13 states adopted a verdict of _____ but _______ ___.

A

guilty

mentally ill

6
Q

Which states abolished the insanity defense altogether but permits defendants to introduce evidence of a mental disease or defect that resulted in lack of criminal intent?

A

Idaho, Montana, Kansas, and Utah

7
Q
Of the 13 states that have adopted a verdict of guilty but mentally ill (GBMI); 11 of those states continue to retain the insanity defense, and in these states jurors may select from among four verdicts: 
1.
2.
3.
4.
A

(1) guilty
(2) not guilty
(3) not guilty by reason of insanity (NGRI)
(4) guilty but mentally ill (GBMI)

8
Q

M’Naghten (right-wrong) test= defect of ______ from a _______ __ ___ _____ + at the time of the act didn’t know + the nature and quality of the act or that the act was wrong

A

reason

disease of the mind

9
Q

M’Naghten (right-wrong) test= defect of reason from a disease of the mind + at the time of the act _____ _____ + the nature and quality of the act or that the act was wrong

A

didn’t know

10
Q

M’Naghten (right-wrong) test= defect of reason from a disease of the mind + at the time of the act didn’t know + the _______ and _______ of the act or that the act was ______

A

nature
quality
wrong

11
Q

_________ (_____-______) test= defect of reason from a disease of the mind + at the time of the act didn’t know + the nature and quality of the act or that the act was wrong

A

M’Naghten

right-wrong

12
Q

Irresistible impulse test= ______ _______ or ______ ______ (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).

A

mental disease

mental defect

13
Q

Irresistible impulse test= mental disease or mental defect (________ or _______ defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).

A

psychosis

physical

14
Q

Irresistible impulse test= mental disease or mental defect (psychosis or physical defect) + inability to resist _______ _______ (may have ability to distinguish right from wrong).

A

criminal activity

15
Q

Irresistible impulse test= mental disease or mental defect (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish _____ from ______).

A

right

wrong

16
Q

_________ ________ test= mental disease or mental defect (psychosis or physical defect) + inability to resist criminal activity (may have ability to distinguish right from wrong).

A

Irresistible impulse

17
Q

______ _______ test= unlawful act + product of disease or defect

A

Durham product

18
Q

Durham product test= _______ ____ + product of disease or defect

A

unlawful act

19
Q

Durham product test= unlawful act + product of _______ or ______

A

disease

defect

20
Q

__________ ________ test= mental disease or defect + substantial incapacity + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law

A

Substantial capacity

21
Q

Substantial capacity test= ______ _______ or ______ + substantial incapacity + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law

A

mental disease

defect

22
Q

Substantial capacity test= mental disease or defect + __________ ________ + to appreciate criminality (wrongfulness) of an act or to conform conduct to requirements of the law

A

substantial incapacity

23
Q

Substantial capacity test= mental disease or defect + substantial incapacity + to appreciate __________ (wrongfulness) of an act or to conform ________ to ___________ of the law

A

criminality
conduct
requirements

24
Q

Diminished capacity is recognized in roughly ___ states.

A

15

25
Q

_________ ________ is recognized in roughly 15 states.

A

Diminished capacity

26
Q

Diminished Capacity; permits the admission of psychiatric testimony to establish that a defendant that suffers from a mental disturbance that ___________ the defendant’s capacity to form the required criminal intent.

A

diminishes

27
Q

__________ ________; permits the admission of psychiatric testimony to establish that a defendant that suffers from a mental disturbance that diminishes the defendant’s capacity to form the required criminal intent.

A

Diminished Capacity

28
Q

Diminished Capacity, recognizes that an individual has the right to demonstrate that he or she is incapable of forming the ______ required for the offense.

A

intent

29
Q

__________ _________ recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent required for the offense.

A

Diminished Capacity

30
Q

Diminished Capacity is rejected by some courts pointing that ____________ __________ is unreliable and too confusing for ______ and that the medical model is contrary to the notion that individuals are responsible for their actions.

A

psychiatric testimony

jurors

31
Q

__________ ________ is rejected by some courts pointing that psychiatric testimony is unreliable and too confusing for jurors and that the _______ _______ is contrary to the notion that individuals are responsible for their actions.

A

Diminished Capacity

medical model

32
Q

The ______ ______ ______ provides that evidence that a defendant suffers from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind that is an element of the offense

A

Model Penal code

33
Q

The Model Penal code provides that evidence that a defendant suffers from a mental disease or defect is _________ whenever it is relevant to prove that the defendant did or did not have a ______ __ ____ that is an element of the offense.

A

admissible

state of mind

34
Q

__________ ___________ is a defense to any and all criminal offenses in those instances that the defendant’s state of mind satisfies the standard for the insanity defense in the state.

A

Involuntary intoxication

35
Q

More than half of those arrested for felonies have been ________ or using _____.

A

drinking

drugs

36
Q

_________ ___________ can occur by means of duress, mistake, fraud, or medication.

A

Involuntary intoxication

37
Q

Involuntary intoxication can occur by means of ______, ______, _____, or _________.

A

duress
mistake
fraud
medication

38
Q

_______– an individual is coerced into consuming an intoxicant

A

Duress

39
Q

_______– an individual mistakenly consumes a narcotic rather than his or her prescribed medicine

A

Mistake

40
Q

_____– an individual consumes a narcotic as a result of a fraudulent misrepresentation of the nature of the substance

A

Fraud

41
Q

___________– an individual has an extreme and unanticipated reaction to medication prescribed by a doctor

A

Medication

42
Q

Voluntary intoxication was not considered a defense under the early ________ ____, but was transformed in the ___th century

A

common law

19th

43
Q

Offenses that required _______ intent – voluntary intoxication was an excuse.

A

specific

44
Q

Offenses that required specific intent – voluntary intoxication was an ______.

A

excuse

45
Q

Offenses that required general intent – voluntary intoxication was _____ an _______.

A

not an excuse

46
Q

Offenses that required _______ intent – voluntary intoxication was not an excuse.

A

general