CRJS 360 Final Exam questions and 100% correct
answers
Excuses - ANSWER - Provide a defense based on the fact that although a
defendant committed a criminal act, he or she is not considered responsible
- Mental disease or defect
-Also excused due to youth or intoxication
- Defendant is not morally blameworthy
Insanity defense - ANSWER - English Common law did not consider mental
disturbance or insanity relevant
- One of the most thoroughly studied and hotly debated issues
- Defendants who rely on the insanity defense are typically required to provide notice
to the prosecution
--> Then they are subject to an examination by a state-appointed mental health
expert
- If found insane they can be found either :
Guilty
Not guilty
Or not guilty by reason of insanity
Civil commitment - ANSWER A hearing conducted to determine whether the
defendant who has been found NGBRI, poses a danger and should be interned in a
mental institution
Civil Commitments are important for three reasons... - ANSWER 1. Free Will
2. Theories of punishment
3. Humanitarianism
Free Will - ANSWER The defendant did not make a deliberate decision to violate
the law, his/her criminal act resulted from a disability
Theories of punishment - ANSWER A defendant who is unable to distinguish right
from wrong or to control his/her conduct cannot be deterred by criminal punishment,
and it would be cruel to seek retribution for acts that result from disability
Humanitarianism - ANSWER An individual found NGBRI may pose a continuing
danger to society, s/he is best incapacitated and treated by doctors in a noncriminal
rather than in a criminal environment
Tests for Insanity
Test for Insanity include... - ANSWER 1. M'Naghten Rule
, 2. Irresistible impulse test
3. Durham Product test
4. Model Penal Code Standard
M'Naghten Rule - ANSWER Used by most states and the federal government
Says that the defendant at the time of the crime, suffered from such a defect of
reason that the defendant "did not know what he/she was doing" or "did not know
right from wrong
Criticized for focusing on the mind and failing to consider emotions
Irresistible impulse test - ANSWER "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
Also called "3rd branch of M'Naghten rule
"At the time of the crime"
Durham Product test - ANSWER The act was a product of mental disease or
defect
Model Penal Code Standard - ANSWER Substantial Capacity Test
--> Mental disease + lack a substantial capacity + to appreciate criminality of an act
or to conform conduct to requirements of the law
Defendant lacks the capacity to appreciate the criminality of conduct or to conform to
conduct required by law
Affirmative defense - ANSWER At the time of the commission of the acts
constituting the offense, the defendant as a result of a severe mental disease or
defect, was unable to appreciate the nature and quality or the wrongfulness of his
acts
Mental disease or defect does not otherwise constitute a defense
Burden of proof - ANSWER The defendant has the burden of providing the
defense of insanity by clear and convincing evidence
Guilty by mentally ill - ANSWER Thirteen states have adopted this
Says that the defendant was found guilty of the crime committed but was also found
mentally ill
Spend time in a mental facility until deemed okay to be transferred to a prison or jail
answers
Excuses - ANSWER - Provide a defense based on the fact that although a
defendant committed a criminal act, he or she is not considered responsible
- Mental disease or defect
-Also excused due to youth or intoxication
- Defendant is not morally blameworthy
Insanity defense - ANSWER - English Common law did not consider mental
disturbance or insanity relevant
- One of the most thoroughly studied and hotly debated issues
- Defendants who rely on the insanity defense are typically required to provide notice
to the prosecution
--> Then they are subject to an examination by a state-appointed mental health
expert
- If found insane they can be found either :
Guilty
Not guilty
Or not guilty by reason of insanity
Civil commitment - ANSWER A hearing conducted to determine whether the
defendant who has been found NGBRI, poses a danger and should be interned in a
mental institution
Civil Commitments are important for three reasons... - ANSWER 1. Free Will
2. Theories of punishment
3. Humanitarianism
Free Will - ANSWER The defendant did not make a deliberate decision to violate
the law, his/her criminal act resulted from a disability
Theories of punishment - ANSWER A defendant who is unable to distinguish right
from wrong or to control his/her conduct cannot be deterred by criminal punishment,
and it would be cruel to seek retribution for acts that result from disability
Humanitarianism - ANSWER An individual found NGBRI may pose a continuing
danger to society, s/he is best incapacitated and treated by doctors in a noncriminal
rather than in a criminal environment
Tests for Insanity
Test for Insanity include... - ANSWER 1. M'Naghten Rule
, 2. Irresistible impulse test
3. Durham Product test
4. Model Penal Code Standard
M'Naghten Rule - ANSWER Used by most states and the federal government
Says that the defendant at the time of the crime, suffered from such a defect of
reason that the defendant "did not know what he/she was doing" or "did not know
right from wrong
Criticized for focusing on the mind and failing to consider emotions
Irresistible impulse test - ANSWER "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
Also called "3rd branch of M'Naghten rule
"At the time of the crime"
Durham Product test - ANSWER The act was a product of mental disease or
defect
Model Penal Code Standard - ANSWER Substantial Capacity Test
--> Mental disease + lack a substantial capacity + to appreciate criminality of an act
or to conform conduct to requirements of the law
Defendant lacks the capacity to appreciate the criminality of conduct or to conform to
conduct required by law
Affirmative defense - ANSWER At the time of the commission of the acts
constituting the offense, the defendant as a result of a severe mental disease or
defect, was unable to appreciate the nature and quality or the wrongfulness of his
acts
Mental disease or defect does not otherwise constitute a defense
Burden of proof - ANSWER The defendant has the burden of providing the
defense of insanity by clear and convincing evidence
Guilty by mentally ill - ANSWER Thirteen states have adopted this
Says that the defendant was found guilty of the crime committed but was also found
mentally ill
Spend time in a mental facility until deemed okay to be transferred to a prison or jail
