Chapter 9 Powerpoint pt.1 Flashcards Preview

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Flashcards in Chapter 9 Powerpoint pt.1 Deck (44)
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1
Q

An act that is ordinarily subject to a criminal penalty is considered to be justified and carries no criminal liability when it preserves an important ______ and ________ ______.

A

value

benefits society

2
Q

An act that is ordinarily subject to a criminal penalty is considered to be _______ and carries no criminal liability when it preserves an important value and benefits society.

A

justified

3
Q

_______ provide a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.

A

Excuses

4
Q

What are valid excuses?

A

Legal insanity, age, intoxication, mental disease or defect, etc.

5
Q

The ________ _______ is one of the most thoroughly studied and hotly debated issues in criminal law.

A

insanity defense

6
Q

Defendants who rely on the _______ defense are typically required to provide notice to the prosecution.

A

insanity

7
Q

Defendants who rely on the insanity defense are typically required to provide notice to the ___________.

A

prosecution

8
Q

In most states, a separate ______ ___________ hearing is conducted to determine whether the defendant poses a danger and should be interned in a mental institution.

A

civil commitment

9
Q

Defendant must show insanity at trial by offering _______ _________ to the _____.

A

expert testimony

fact

10
Q

In some states, when found not-guilty by reason of insanity, defendant is committed to a ________ _________ until it is confirmed that defendant no longer poses a danger to society.

A

mental institution

11
Q

Civil commitment hearings are often conducted to determine defendant’s danger to _______.

A

society

12
Q

______ ____________ hearings are often conducted to determine defendant’s danger to society.

A

Civil commitment

13
Q

The insanity defense is important for what three reasons?

A

(1) to ensure only those with free will are punished
(2) it would be cruel to seek retribution against those unable to control their actions
(3) such an individual may still pose a danger to society and thus need professional treatment

14
Q

Insanity defense is distinct from a ___________ __ _________ to stand trial.

A

determination of competency

15
Q

During trial, __________ would testify surrounding the insanity claim.

A

witnesses

16
Q

True or False: The nature of the defendant’s criminal conduct is important

A

True

17
Q

Why do we have the insanity defense?

A

(1) Free will
(2) Theories of punishment
(3) Humanitarianism

18
Q

_____ ____ – the defendant did not make a deliberate decision to violate the law.

A

Free will

19
Q

________ __ __________ – a defendant who is unable to distinguish right from wrong or to control his or her conduct cannot be deterred by criminal punishment, and it would be cruel to seek retribution for acts that result from a disability.

A

Theories of punishment

20
Q

_____________– an individual found NGRI may pose a continuing danger to society. He or she is best incapacitated and treated by doctors in a noncriminal rather than criminal environment.

A

Humanitarianism

21
Q

What are the four tests for insanity?

A

(1) M’Naghten
(2) Irresistible Impulse
(3) Durham Product Test
(4) American law Institute, Model Penal Code standard

22
Q

______ ____ _______ – the fundamental difference among these tests is whether the emphasis is placed on a defendant’s ability to know right from wrong or whether the stress is placed on a defendant’s ability to control his or her behavior.

A

Tests for Insanity

23
Q

Which test for insanity is this: used by most states and the federal government?

A

M’Naghten

24
Q

Which test for insanity is this: defendant, at the time of the crime, suffered from such a defect of reason that defendant “did not know what defendant was doing” or “did not know right from wrong”?

A

M’Naghten

25
Q

Which test for insanity is this: a “disease of the mind” caused defendant to not know right from wrong, destroyed defendant’s free will, and was the sole cause of the act?

A

Irresistible Impulse

26
Q

Which test for insanity is this: the act was a product of a mental disease or defect?

A

Durham Product

27
Q

Which test for insanity is this: defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law?

A

American law Institute, Model Penal Code standard

28
Q

Insanity is distinct from ___________ to ______ ______ which states that defendants should not be subjected to criminal trial unless they possess the ability to intelligently assist their attorney and to understand and follow the trial.

A

competence

stand trial

29
Q

________, the inability to distinguish between reality and fantasy, is the most common mental disorder or defect that results in legal insanity under the M’Naghten Test

A

Psychosis

30
Q

_________ or _________ _________ are generally not considered to fall within the notion of a mental disease or defect, under the M’Naghten Test.

A

Sociopathic

personality disorders

31
Q

The M’Naghten Test is also known as the _____-______ Test .

A

Right-Wrong

32
Q

The _________ Test is also known as the Right-Wrong Test .

A

M’Naghten

33
Q

Several jurisdictions abolished the _________ _______ defense and the U.S. Congress adopted the John Hinckley Amendment that eliminated the defense in federal trials and adopted a strict M’Naghten standard.

A

Irresistible Impulse

34
Q

Several jurisdictions abolished the Irresistible Impulse defense and the U.S. Congress adopted the _____ ________ Amendment that eliminated the defense in federal trials and adopted a strict M’Naghten standard.

A

John Hinckley

35
Q

Several jurisdictions abolished the Irresistible Impulse defense and the U.S. Congress adopted the John Hinckley Amendment that eliminated the defense in federal trials and adopted a strict _________ standard.

A

M’Naghten

36
Q

Durham Product Test of insanity, attempted to simplify the determination of legal insanity by eliminating confusing ___________, but left the definition of a _______ _______ or _______ undefined.

A

terminology
mental disease
defect

37
Q

_______ _______ Test of insanity, attempted to simplify the determination of legal insanity by eliminating confusing terminology, but left the definition of a mental disease or defect undefined.

A

Durham Product

38
Q

The American Law Institute Substantial Capacity (aka Model Penal Code Standard) Test, is a modified version of _________ and ________ _______ tests.

A

M’Naghten

Irresistible Impulse

39
Q

The American Law Institute _________ _________ (aka ______ ______ _____ ________) Test, is a modified version of M’Naghten and Irresistible Impulse tests.

A

Substantial Capacity

Model Penal Code Standard

40
Q

What characteristics are used in determining insanity by The American Law Institute Substantial Capacity Test?

A

(1) Appreciate
(2) Substantial Capacity
(3) Conform Conduct to Requirements of the Law
(4) Wrongfulness

41
Q

_________ – a defendant may lack a substantial capacity to appreciate, rather than know, the criminality of his or her conduct

A

Appreciate

42
Q

_________ ________ - requires that a defendant lack a substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Total impairment is not “workable.”

A

Substantial Capacity

43
Q

________ ________ to ___________ of the ____ – does not use the word “impulse”

A

Conform Conduct
Requirements
Law

44
Q

____________– defined as the ability to appreciate that the community morally disapproves of an act

A

Wrongfulness