Exam 3 chapter 10

Question 1

Andrea Yates

Answer 1

drowned her children; religious delusions; deemed competent; pleaded NGRI, found guilty; second trial b/c of law and order, found guilty

Question 2

insanity

Answer 2

the criminal’s state of mind at the time the crime was committed. Insanity requires that, due to a mental illness, a defendant lacks moral responsibility and culpability for the crime and therefore should not be punished
o not scientific, but legal

Question 3

The retribution (or just deserts) perspective

Answer 3

the punishment for a crime should be proportionate to the harm committed

Question 4

o the deterrence perspective on punishment (specific and general)

Answer 4

offenders should be punished so that they learn that committing a crime leads to punishment (i.e., specific deterrence) and so that other similarly situated individuals will vicariously learn that certain actions lead to punishment (i.e., general deterrence)

Question 5

mens rea

Answer 5

the guilty mind; awareness of the wrongfulness

Question 6

actus reus

Answer 6

the criminal act

Question 7

wild beast test of insasnity

Answer 7

rex v Arnold, jurors told to acquit person who tried to assisnate British lord, found him to be no more than a brute or a wiild beast. The test means that insanity had become less a moral failing and more a cognitive failing

Question 8

three important cases for NGRI

Answer 8

mcnaughton case, durham case, Hinckley case

Question 9

mchnaughton case/rule (26 states OH)

Answer 9

• Suffering from defect of reason/disease of mind
• Didn’t know nature and quality of act
• Didn’t know act was wrong

have to prove that defendant suffered from a mental illness that affected ability to understand. policeman at the elbow test

Question 10

durham standard

Answer 10

released from Navy for mental health reasons, broke into appartment, judge refused to let him plead insanity
reexamined mcnaughton
an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect”
judges didnt like the new reliance on mental health professionals

Question 11

ALI standard (brawner rule) (21)

Answer 11

response to the durham standard

person not responsible if at the time of the crime, he couldnt appreciate the wrongfulness or couldnt conform to the law

tried to do both legal and mental health prongs

Question 12

hinckley case

Answer 12

assisnation attempt on Ronald Reagan. 4 mental health professionals testified he had disturbances (schizophrenia)
first examples of neurolaw testimony
found NGRI

Question 13

neurolaw testimony

Answer 13

testimony intended to show a link b/t brain abnormalities and an individual’s illegal behavior

Question 14

o The Insanity Defense Reform Act (IDRA) of 1984

Answer 14

 required, in federal courts, that there be a presumption of sanity and that defendants prove “by clear and convincing evidence” that they were insane at the time of the crime.

-volitional prong was dripped, experts were barred from giving testimony

Question 15

 affirmative defense

Answer 15

when a defendant bears the burden of proof for a defense at trial

Question 16

o even when experts ____ offering a conclusion about whether the defendant was insane, mock jurors ____ remembered that such a conclusion had been offered

Answer 16

1) avoided
2)mistakenly

Question 17

what states abolished the insanity defense

Answer 17

montana, Utah, Kansas, Idaho

Question 18

Guilty but mentally ill

Answer 18

permitted in 20 states, guilty of the crime, sentenced to prison, supposed to recieve mental health treatment no guarentee

Question 19

a mens rea defense

Answer 19

defendant lacks the capacity to possess the mental state required for certain crimes. Must be proven beyond a reasonable doubt

Question 20

Clark v arizona

Answer 20

stole a car, shot police officer, found sane, thought he was shooting an alien instead of a police officer, didnt take into account mens rea

Question 21

what standard does the fed government use?

Answer 21

tech. ALI, but more like mcnaughton