Question 1

​ Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.

Accepted Answer

The method of imposing criminal liabilit

Question 2

Under the "substantial capacity" test, the "cognitive" part of the rule is satisfied: ​

Accepted Answer

A) only if the defendant knew what he had done. 
B) even if the defendant knew what he had done, but lacked the substantial capacity to appreciate that what he had done was wrong. 
C) if the defendant knew what he had done, and could appreciate that what he had done was wrong. 
D) only if the defendant did not know what he had done. 
A) only if the defendant knew what he had done. 
B) even if the defendant knew what he had done, but lacked the substantial capacity to appreciate that what he had done was wrong. 
C) if the defendant knew what he had done, and could appreciate that what he had done was wrong. 
D) only if the defendant did not know what he had done.

Question 3

Discuss the diminished capacity defense and the circumstances under which a defendant may argue it successfully.

Accepted Answer

The diminished capacity defense is a leg

Question 4

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

Accepted Answer

A) Having the accused and the accuser fight one another to decide guilt or innocence is referred to as trial by: ​ 
B) ordeal. 
C) jury. 
D) battle. 
E) judgement. 
A) Having the accused and the accuser fight one another to decide guilt or innocence is referred to as trial by: ​ 
B) ordeal. 
C) jury. 
D) battle. 
E) judgement.

Question 5

The test which focuses on the product-of-mental illness is the: ​

Accepted Answer

A) M'Naghten test. 
B) "right and wrong" test. 
C) "Substantial Capacity" test. 
D) none of these answers is correct. 
A) M'Naghten test. 
B) "right and wrong" test. 
C) "Substantial Capacity" test. 
D) none of these answers is correct.

Question 6

What are the two prongs of the M'Naghten rule? Explain the "right and wrong" test that emerged from the M'Naghten case.

Accepted Answer

The M'Naghten rule, which emerged from t

Question 7

Under which circumstance do states permit the insanity defense with voluntary intoxication or drug use? ​

Accepted Answer

A) When it has created a "settled" psychotic mental state 
B) States always permit the insanity defense with voluntary alcohol use but not with drug use 
C) States always permit the insanity defense with voluntary drug use but not with alcohol use 
D) States never permit the insanity defense with voluntary intoxication or drug use 
A) When it has created a "settled" psychotic mental state 
B) States always permit the insanity defense with voluntary alcohol use but not with drug use 
C) States always permit the insanity defense with voluntary drug use but not with alcohol use 
D) States never permit the insanity defense with voluntary intoxication or drug use

Question 8

A verdict of not guilty by reason of insanity results in a conviction of the defendant.

Accepted Answer

A) True 
 B)False

Question 9

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes.  The store's loss prevention catches him and calls the police.

Accepted Answer

A) The police: ​ 
B) can't charge him with theft/shoplifting because he's too young. 
C) may consider charging him with theft/shoplifting because 14 years old is the age of reason for most states. 
D) will automatically charge him for theft/shoplifting in adult court. 
E) will charge him with a crime since he is 14 years old, regardless of circumstances. 
A) The police: ​ 
B) can't charge him with theft/shoplifting because he's too young. 
C) may consider charging him with theft/shoplifting because 14 years old is the age of reason for most states. 
D) will automatically charge him for theft/shoplifting in adult court. 
E) will charge him with a crime since he is 14 years old, regardless of circumstances.

Question 10

A person who has not yet reached the age of majority is called a/an ____.

Accepted Answer

The answer of A person who has not yet reached...

Question 11

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

Accepted Answer

A) Which judicial concept requires that defendants be given the opportunity to participate in their defense? ​ 
B) Due process 
C) Right against self-incrimination 
D) Prohibition against cruel and unusual punishment 
E) Right to a jury trial 
A) Which judicial concept requires that defendants be given the opportunity to participate in their defense? ​ 
B) Due process 
C) Right against self-incrimination 
D) Prohibition against cruel and unusual punishment 
E) Right to a jury trial

Question 12

Which is not a factor when determining criminal capacity for children? ​

Accepted Answer

A) The nature of the crime 
B) The child's age and maturity 
C) Whether the child evidenced a desire for secrecy 
D) If the child does well in school 
A) The nature of the crime 
B) The child's age and maturity 
C) Whether the child evidenced a desire for secrecy 
D) If the child does well in school

Question 13

States with the "guilty but mentally ill" verdict: ​

Accepted Answer

A) have abolished the insanity defense. 
B) have retained the insanity defense. 
C) consider it identical to the not guilty by reason of insanity verdict. 
D) require the prosecution to prove the defendant was mentally ill. 
A) have abolished the insanity defense. 
B) have retained the insanity defense. 
C) consider it identical to the not guilty by reason of insanity verdict. 
D) require the prosecution to prove the defendant was mentally ill.

Question 14

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

Accepted Answer

A) A legal entity created under the laws of a state or federal government is the definition of a: ​ 
B) corporation. 
C) contract. 
D) parent. 
E) business. 
A) A legal entity created under the laws of a state or federal government is the definition of a: ​ 
B) corporation. 
C) contract. 
D) parent. 
E) business.

Question 15

In Jackson v. Indiana , the US Supreme Court held that defendants who are not competent to stand trial may be held: ​

Accepted Answer

A) up to 90 days. 
B) up to 120 days. 
C) no longer than a "reasonable period of time." 
D) up to 365 days. 
A) up to 90 days. 
B) up to 120 days. 
C) no longer than a "reasonable period of time." 
D) up to 365 days.

Question 16

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

Accepted Answer

A) The Supreme Court has repeatedly maintained that it is a violation of due process to try to convict: ​ 
B) child defendants. 
C) the mentally incompetent. 
D) the elderly. 
E) the innocent. 
A) The Supreme Court has repeatedly maintained that it is a violation of due process to try to convict: ​ 
B) child defendants. 
C) the mentally incompetent. 
D) the elderly. 
E) the innocent.

Question 17

To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and: ​

Accepted Answer

A) pass a literacy test. 
B) have the ability to hear and see. 
C) remember what happened at the time of the alleged crime. 
D) understand the charges and proceedings. 
A) pass a literacy test. 
B) have the ability to hear and see. 
C) remember what happened at the time of the alleged crime. 
D) understand the charges and proceedings.

Question 18

Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott  takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.

Accepted Answer

A) For a crime to be attributable to a corporation, the person must: ​ 
B) be in control of the corporation's affairs. 
C) hold stock in the corporation. 
D) have a relationship with the corporation. 
E) do business with the corporation. 
A) For a crime to be attributable to a corporation, the person must: ​ 
B) be in control of the corporation's affairs. 
C) hold stock in the corporation. 
D) have a relationship with the corporation. 
E) do business with the corporation.

Question 19

A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense. Explain why this is a problem.

Accepted Answer

This is a problem because every individu

Question 20

Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal statutes.

Accepted Answer

Infancy in common law refers to the lega

Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.

Under the "substantial capacity" test, the "cognitive" part of the rule is satisfied:

Discuss the diminished capacity defense and the circumstances under which a defendant may argue it successfully.

The test which focuses on the product-of-mental illness is the:

What are the two prongs of the M'Naghten rule? Explain the "right and wrong" test that emerged from the M'Naghten case.

Under which circumstance do states permit the insanity defense with voluntary intoxication or drug use?

A verdict of not guilty by reason of insanity results in a conviction of the defendant.

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.

A person who has not yet reached the age of majority is called a/an ____.

Which is not a factor when determining criminal capacity for children?

States with the "guilty but mentally ill" verdict:

In Jackson v. Indiana , the US Supreme Court held that defendants who are not competent to stand trial may be held:

To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and:

A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense. Explain why this is a problem.

Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal statutes.

Criminal Law: Purposes, Scope, and Sources

Jurisdiction

Essential Elements of a Crime

Criminal Liability

The Law Governing the Use of Force

Other Criminal Defenses

Criminal Punishments

Free Speech, Street Crimes, and the Bill of Rights

Homicide

Assault, Battery, and Other Crimes Against the Person

Sexual Assault, Rape, Prostitution, and Related Sex Crimes

Theft

Robbery, Burglary, and Related Crimes

White Collar Crime, Cyber Crime, and Commercial Crime

Drug Abuse and Alcohol-Related Crime

Terrorism

Organized Crime and Gangs

Immigration Crimes, Contempt, and Other Crimes Against the Government

Filters

Exam 5: Criminal Responsibility and the Capacity to Commit a Crime

​ Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.

Under the "substantial capacity" test, the "cognitive" part of the rule is satisfied: ​

Discuss the diminished capacity defense and the circumstances under which a defendant may argue it successfully.

The test which focuses on the product-of-mental illness is the: ​

What are the two prongs of the M'Naghten rule? Explain the "right and wrong" test that emerged from the M'Naghten case.

Under which circumstance do states permit the insanity defense with voluntary intoxication or drug use? ​

A verdict of not guilty by reason of insanity results in a conviction of the defendant.

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.

A person who has not yet reached the age of majority is called a/an ____.

Which is not a factor when determining criminal capacity for children? ​

States with the "guilty but mentally ill" verdict: ​

In Jackson v. Indiana , the US Supreme Court held that defendants who are not competent to stand trial may be held: ​

To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and: ​

A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense. Explain why this is a problem.

Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal statutes.

Criminal Law: Purposes, Scope, and Sources

Jurisdiction

Essential Elements of a Crime

Criminal Liability

The Law Governing the Use of Force

Other Criminal Defenses

Criminal Punishments

Free Speech, Street Crimes, and the Bill of Rights

Homicide

Assault, Battery, and Other Crimes Against the Person

Sexual Assault, Rape, Prostitution, and Related Sex Crimes

Theft

Robbery, Burglary, and Related Crimes

White Collar Crime, Cyber Crime, and Commercial Crime

Drug Abuse and Alcohol-Related Crime

Terrorism

Organized Crime and Gangs

Immigration Crimes, Contempt, and Other Crimes Against the Government

Filters

Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.

Under the "substantial capacity" test, the "cognitive" part of the rule is satisfied:

The test which focuses on the product-of-mental illness is the:

Under which circumstance do states permit the insanity defense with voluntary intoxication or drug use?

Which is not a factor when determining criminal capacity for children?

States with the "guilty but mentally ill" verdict:

In Jackson v. Indiana , the US Supreme Court held that defendants who are not competent to stand trial may be held:

To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and: