Flashcards in Chapter 9 Powerpoint pt.1 Deck (44):
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 ________ ______.
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.
_______ provide a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.
What are valid excuses?
Legal insanity, age, intoxication, mental disease or defect, etc.
The ________ _______ is one of the most thoroughly studied and hotly debated issues in criminal law.
Defendants who rely on the _______ defense are typically required to provide notice to the prosecution.
Defendants who rely on the insanity defense are typically required to provide notice to the ___________.
In most states, a separate ______ ___________ hearing is conducted to determine whether the defendant poses a danger and should be interned in a mental institution.
Defendant must show insanity at trial by offering _______ _________ to the _____.
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.
Civil commitment hearings are often conducted to determine defendant’s danger to _______.
______ ____________ hearings are often conducted to determine defendant’s danger to society.
The insanity defense is important for what three reasons?
(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
Insanity defense is distinct from a ___________ __ _________ to stand trial.
determination of competency
During trial, __________ would testify surrounding the insanity claim.
True or False: The nature of the defendant’s criminal conduct is important
Why do we have the insanity defense?
(1) Free will
(2) Theories of punishment
_____ ____ – the defendant did not make a deliberate decision to violate the law.
________ __ __________ – 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.
Theories of punishment
_____________– 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.
What are the four tests for insanity?
(2) Irresistible Impulse
(3) Durham Product Test
(4) American law Institute, Model Penal Code standard
______ ____ _______ – 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.
Tests for Insanity
Which test for insanity is this: used by most states and the federal government?
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”?
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?
Which test for insanity is this: the act was a product of a mental disease or defect?
Which test for insanity is this: defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law?
American law Institute, Model Penal Code standard
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.
________, 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
_________ or _________ _________ are generally not considered to fall within the notion of a mental disease or defect, under the M'Naghten Test.
The M’Naghten Test is also known as the _____-______ Test .
The _________ Test is also known as the Right-Wrong Test .
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.
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.
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.
Durham Product Test of insanity, attempted to simplify the determination of legal insanity by eliminating confusing ___________, but left the definition of a _______ _______ or _______ undefined.
_______ _______ 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.
The American Law Institute Substantial Capacity (aka Model Penal Code Standard) Test, is a modified version of _________ and ________ _______ tests.
The American Law Institute _________ _________ (aka ______ ______ _____ ________) Test, is a modified version of M’Naghten and Irresistible Impulse tests.
Model Penal Code Standard
What characteristics are used in determining insanity by The American Law Institute Substantial Capacity Test?
(2) Substantial Capacity
(3) Conform Conduct to Requirements of the Law
_________ – a defendant may lack a substantial capacity to appreciate, rather than know, the criminality of his or her conduct
_________ ________ - 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.”
________ ________ to ___________ of the ____ – does not use the word “impulse”