Chapter 9 powerpoint pt. 2 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 9 powerpoint pt. 2 > Flashcards

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

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

(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

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

(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

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

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

___ states adopted a verdict of guilty but mentally ill.

13

5

13 states adopted a verdict of _____ but _______ ___.

guilty
mentally ill

6

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?

Idaho, Montana, Kansas, and Utah

7

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.

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

8

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

reason
disease of the mind

9

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

didn't know

10

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 ______

nature
quality
wrong

11

_________ (_____-______) 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

M'Naghten
right-wrong

12

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

mental disease
mental defect

13

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

psychosis
physical

14

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

criminal activity

15

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

right
wrong

16

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

Irresistible impulse

17

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

Durham product

18

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

unlawful act

19

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

disease
defect

20

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

Substantial capacity

21

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

mental disease
defect

22

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

substantial incapacity

23

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

criminality
conduct
requirements

24

Diminished capacity is recognized in roughly ___ states.

15

25

_________ ________ is recognized in roughly 15 states.

Diminished capacity

26

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.

diminishes

27

__________ ________; 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.

Diminished Capacity

28

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

intent

29

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

Diminished Capacity

30

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.

psychiatric testimony
jurors

31

__________ ________ 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.

Diminished Capacity
medical model

32

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

Model Penal code

33

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.

admissible
state of mind

34

__________ ___________ 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.

Involuntary intoxication

35

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

drinking
drugs

36

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

Involuntary intoxication

37

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

duress
mistake
fraud
medication

38

_______– an individual is coerced into consuming an intoxicant

Duress

39

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

Mistake

40

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

Fraud

41

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

Medication

42

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

common law
19th

43

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

specific

44

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

excuse

45

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

not an excuse

46

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

general