New Chapter 9 Deck

Question 1

What is required for Civil Commitment?

Answer 1

Presence of mental illness

Focuses on future and present aspects of the individual

Question 2

What does Insanity focus on?

Answer 2

Past actions

Insanity is a criminal issue requiring the presence of mental illness

Question 3

What is Competency in legal terms?

Answer 3

Does not require presence of mental illness

Focuses on the present and can be a civil or criminal issue

Question 4

What is the rationale for the Insanity Defense?

Answer 4

Presence of mental illness that can remove criminal responsibility - mens rea

Includes terms like Not Guilty by Reason of Insanity (NGRI) and Not Responsible by Reason of Insanity (NRRI)

Question 5

What does the Wild Beast Test (1724) indicate?

Answer 5

Total deprivation of understanding and memory

Insanity is indicated if one lacks knowledge of their actions, similar to an infant or wild beast

Question 6

What is the M’Naghten Standard (1843)?

Answer 6

Defendant must suffer from a defect of reason due to mental illness

Must not know the nature and quality of the act or that it was wrong

Question 7

What are the criticisms of the M’Naghten Standard?

Answer 7

Too narrowly focused or too conservative

Primarily emphasizes cognitive aspects of insanity

Question 8

What does the Irresistible Impulse Test assess?

Answer 8

A person’s ability to choose a given course of action

Focuses on volitional aspects of behavior

Question 9

What does the Durham/Product Rule (1954) state?

Answer 9

Insanity applies if the crime is a product of mental disease

Faced challenges in defining mental disease and determining its effect on criminal acts

Question 10

What is the ALI or Brawner Rule (1972)?

Answer 10

Insanity if one lacks substantial capacity to appreciate criminality or conform conduct due to mental disease

Incorporates cognitive, affective, and volitional aspects

Question 11

What changes did the Insanity Defense Reform Act (1984) make?

Answer 11

Removed the volitional prong, barred ultimate issue testimony, switched burden of proof to defense

Reaction to the shooting of President Reagan

Question 12

What is the Burden of Proof in insanity cases?

Answer 12

Legal duty placed upon the defendant to prove insanity

Changed to clear and convincing evidence standard for the defendant

Question 13

What does GBMI stand for?

Answer 13

Guilty But Mentally Ill

Accused is guilty of the crime but mentally ill at the time of the offense

Question 14

What are the conditions for a GBMI verdict?

Answer 14

• Defendant is guilty of the offense
• Defendant was mentally ill at the time
• Defendant was not legally insane

Begins sentence in a hospital, then prison

Question 15

Which states have abolished the insanity defense?

Answer 15

Montana, Idaho, Utah, Kansas

Reflects a significant legal shift in handling insanity cases

Question 16

What was the outcome of Clark v. Arizona (2006)?

Answer 16

Court ruled Arizona’s definition of insanity was appropriate

Defense argued for a cognitive element in the standard

Question 17

How does GBMI affect NGRI verdicts?

Answer 17

Reduces the number of NGRI verdicts and guilty verdicts

Studies show little effect on juror verdicts overall

Question 18

True or False: The insanity defense is overused and abused.

Answer 18

False

Successful about 26% of the time, contrary to common belief

Question 19

What percentage of insanity acquittals are charged with murder?

Answer 19

14.3%

Majority are charged with physical assault (38.2%)

Question 20

What happens to most insanity acquittees after their acquittal?

Answer 20

85% are sent to mental hospitals

Only 15% are freed, with variations in supervision

Question 21

What is the recidivism rate for insanity acquitted individuals?

Answer 21

Low 24%

Suggests they are not highly dangerous upon release

Question 22

What are the common components of insanity evaluations?

Answer 22

• Interview
• Forensic assessment instruments
• Collection of third-party information

Consists of three major components

Question 23

What are the eleven elements essential for a forensic report?

Answer 23

• Psychiatric history
• Current mental status
• Formal mental status exam
• Current psychotropic medication
• Psychological testing
• Mental health records
• Police information
• Prior diagnosis
• Degree of alcohol/substance abuse
• Description of the offense by the defendant
• Collateral description of the offense

Essential for comprehensive evaluation

Question 24

What does the Rogers Criminal Responsibility Assessment measure?

Answer 24

Standardizes information from an insanity evaluation

Designed with ALI criteria and includes items related to GBMI

Question 25

What is the claim about malingering and insanity?

Answer 25

Insanity is easily malingered ## Footnote Insufficient evidence to support significant rates of feigning mental illness

Question 26

What is Automatism in legal terms?

Answer 26

Criminal acts that may occur involuntarily ## Footnote Related to diminished capacity defenses

Question 27

What does Diminished Capacity refer to?

Answer 27

Testimony regarding mental status at the time of the crime without claiming insanity ## Footnote Can influence the understanding of criminal responsibility

Question 28

True or False: Intoxication can serve as a basis for claiming insanity.

Answer 28

False ## Footnote Intoxication cannot be the basis for insanity but may relate to insufficient mens rea