Question 1

The legal definition of whether an individual has the capacity to perform necessary personal or legal functions is known as:

Accepted Answer

A)  competence. 
B)  insanity. 
C)  voir dire. 
D)  mental stability. 
A)  competence. 
B)  insanity. 
C)  voir dire. 
D)  mental stability. A

Question 2

Preponderance of the evidence standard of proof applies to the competency to stand trial, just as it does in many types of court cases. In the case of competency to stand trial, the defense must prove that:

Accepted Answer

A)  without a doubt, the accused is incompetent. 
B)  without a doubt, the accused is competent. 
C)  it is more likely than not that the accused is incompetent. 
D)  it is more likely than not that the accused is competent. 
A)  without a doubt, the accused is incompetent. 
B)  without a doubt, the accused is competent. 
C)  it is more likely than not that the accused is incompetent. 
D)  it is more likely than not that the accused is competent. C

Question 3

If the accused is deemed nonrestorable, then criminal charges are:

Accepted Answer

A)  refiled within the next 3 years. 
B)  continued in conjunction with therapy. 
C)  dismissed or suspended. 
D)  reevaluated by the jury. 
A)  refiled within the next 3 years. 
B)  continued in conjunction with therapy. 
C)  dismissed or suspended. 
D)  reevaluated by the jury. C

Question 4

Phillip is standing trial for robbery. His overall ability to adequately take care of himself and his ability to understand what is going on at trial has come into question. Before he goes to trial, it is important to assess whether he is:

Accepted Answer

A)  mentally unstable. 
B)  too poor to pay for an attorney. 
C)  competent to stand trial. 
D)  has realistic chances for an acquittal. 
A)  mentally unstable. 
B)  too poor to pay for an attorney. 
C)  competent to stand trial. 
D)  has realistic chances for an acquittal.

Question 5

If restoration to competence cannot be accomplished, proceedings may be held to issue a(n):

Accepted Answer

A)  voluntary civil commitment. 
B)  involuntary criminal commitment. 
C)  voluntary criminal commitment. 
D)  involuntary civil commitment. 
A)  voluntary civil commitment. 
B)  involuntary criminal commitment. 
C)  voluntary criminal commitment. 
D)  involuntary civil commitment.

Question 6

Following Jackson v. Indiana (1972), it is generally accepted that an individual is limited to confinement between _____, and then reevaluated.

Accepted Answer

A)  2 and 12 months 
B)  4 and 18 months 
C)  6 and 24 months 
D)  12 and 36 months 
A)  2 and 12 months 
B)  4 and 18 months 
C)  6 and 24 months 
D)  12 and 36 months

Question 7

Adjudicative competence is a legal concept that describes defendants' ability to:

Accepted Answer

A)  participate effectively in legal proceedings. 
B)  plead guilty. 
C)  aid in their own defense. 
D)  waive an attorney. 
A)  participate effectively in legal proceedings. 
B)  plead guilty. 
C)  aid in their own defense. 
D)  waive an attorney.

Question 8

When performing competency evaluations within an institution, collateral sources of information can be gathered regarding the defendant's behavior. Some of the individuals that might be able to provide this additional information include:

Accepted Answer

A)  prison guards, nurses, and mental health professionals. 
B)  prison guards, sisters, and the minister. 
C)  nurses, ministers, and siblings. 
D)  mental health professionals, prison guards, and family members. 
A)  prison guards, nurses, and mental health professionals. 
B)  prison guards, sisters, and the minister. 
C)  nurses, ministers, and siblings. 
D)  mental health professionals, prison guards, and family members.

Question 9

Competency to stand trial (CST) refers to the psychological state of the accused:

Accepted Answer

A)  at the time of the offense. 
B)  at the time of sentencing. 
C)  at the time of the trial. 
D)  before the offense was committed. 
A)  at the time of the offense. 
B)  at the time of sentencing. 
C)  at the time of the trial. 
D)  before the offense was committed.

Question 10

Prior to Jackson v. Indiana (1972), all of the following were true about defendants that were deemed to be incompetent, EXCEPT:

Accepted Answer

A)  they could be held in mental institutions indefinitely. 
B)  about half of them spent the rest of their lives in mental institutions. 
C)  they stayed in mental asylums no longer than their prison sentence was served. 
D)  hospital stays often exceeded the sentences that could have been given for their crimes. 
A)  they could be held in mental institutions indefinitely. 
B)  about half of them spent the rest of their lives in mental institutions. 
C)  they stayed in mental asylums no longer than their prison sentence was served. 
D)  hospital stays often exceeded the sentences that could have been given for their crimes.

Question 11

Which legal actors are ethically bound to assure that a defendant is competent to stand trial?

Accepted Answer

A)  Defense attorney only. 
B)  Judge and the defense attorney. 
C)  Prosecuting attorney and the defense attorney. 
D)  Defense attorney, the judge and the prosecuting attorney. 
A)  Defense attorney only. 
B)  Judge and the defense attorney. 
C)  Prosecuting attorney and the defense attorney. 
D)  Defense attorney, the judge and the prosecuting attorney.

Question 12

According to the text, even if the accused is deemed incompetent to stand trial, he or she may receive treatment to become competent, in the legal sense. Restoration to competency happens for _____ of incompetent defendants.

Accepted Answer

A)  about half 
B)  a moderate number 
C)  the vast majority 
D)  the rare few 
A)  about half 
B)  a moderate number 
C)  the vast majority 
D)  the rare few

Question 13

Competence to stand trial demands that the accused:

Accepted Answer

A)  cannot have a severe mental disorder. 
B)  cannot suffer from a psychosis. 
C)  cannot be intellectually disabled. 
D)  meets minimum standards to cooperate with their attorney. 
A)  cannot have a severe mental disorder. 
B)  cannot suffer from a psychosis. 
C)  cannot be intellectually disabled. 
D)  meets minimum standards to cooperate with their attorney.

Question 14

Grisso and colleagues (2003) compared youths (ages 11 to 13) with young adults and found that youths are _____ likely to accept a plea bargain.

Accepted Answer

A)  equally as 
B)  less 
C)  more 
D)  not 
A)  equally as 
B)  less 
C)  more 
D)  not

Question 15

According to research completed by Grisso and his colleagues (2003), the differences between adolescents (ages 11 to 17) and young adults (ages 18 to 24) in terms of their functioning on CST-related abilities were:

Accepted Answer

A)  minimal. 
B)  moderate. 
C)  significant. 
D)  not present. 
A)  minimal. 
B)  moderate. 
C)  significant. 
D)  not present.

Question 16

According to research (Grisso et al., 2003), when it comes to competency to stand trial, at approximately age _____, the differences between young offenders and those aged 18 to 24 disappear.

Accepted Answer

A)  12 
B)  14 
C)  15 
D)  16 
A)  12 
B)  14 
C)  15 
D)  16

Question 17

If a defendant is found incompetent to be executed, proceedings are initiated to_____ so that he or she can be _____.

Accepted Answer

A)  restore him or her to competency; executed 
B)  dismiss the charges; restored to competency and retried 
C)  suspend the execution; reevaluated to prove to the state his insanity 
D)  replace the execution with life imprisonment; involuntarily committed 
A)  restore him or her to competency; executed 
B)  dismiss the charges; restored to competency and retried 
C)  suspend the execution; reevaluated to prove to the state his insanity 
D)  replace the execution with life imprisonment; involuntarily committed

Question 18

Courts can recommend forcible medication of defendants:

Accepted Answer

A)  as part of standard treatment. 
B)  only in capital murder cases. 
C)  who are psychotic. 
D)  when they are a danger to self or others. 
A)  as part of standard treatment. 
B)  only in capital murder cases. 
C)  who are psychotic. 
D)  when they are a danger to self or others.

Question 19

A person accused of a crime has the right to plead guilty and relinquish his or her right to an attorney. However, according to the Supreme Court (Johnson v. Zerbst), a guilty plea must be:

Accepted Answer

A)  knowing and voluntary. 
B)  voluntary, knowing, and definitive. 
C)  knowing and intelligent. 
D)  knowing, intelligent, and voluntary. 
A)  knowing and voluntary. 
B)  voluntary, knowing, and definitive. 
C)  knowing and intelligent. 
D)  knowing, intelligent, and voluntary.

Question 20

An advantage of performing competency evaluations on an inpatient basis is that additional information can be gathered:

Accepted Answer

A)  by the psychiatrist. 
B)  from third parties. 
C)  from family members. 
D)  by the attorney through interviewing the defendant safely. 
A)  by the psychiatrist. 
B)  from third parties. 
C)  from family members. 
D)  by the attorney through interviewing the defendant safely.

Exam 8: Section 2: Competency to Stand Trial

The legal definition of whether an individual has the capacity to perform necessary personal or legal functions is known as:

Preponderance of the evidence standard of proof applies to the competency to stand trial, just as it does in many types of court cases. In the case of competency to stand trial, the defense must prove that:

If the accused is deemed nonrestorable, then criminal charges are:

Phillip is standing trial for robbery. His overall ability to adequately take care of himself and his ability to understand what is going on at trial has come into question. Before he goes to trial, it is important to assess whether he is:

If restoration to competence cannot be accomplished, proceedings may be held to issue a(n):

Following Jackson v. Indiana (1972), it is generally accepted that an individual is limited to confinement between _____, and then reevaluated.

Adjudicative competence is a legal concept that describes defendants' ability to:

When performing competency evaluations within an institution, collateral sources of information can be gathered regarding the defendant's behavior. Some of the individuals that might be able to provide this additional information include:

Competency to stand trial (CST) refers to the psychological state of the accused:

Prior to Jackson v. Indiana (1972), all of the following were true about defendants that were deemed to be incompetent, EXCEPT:

Which legal actors are ethically bound to assure that a defendant is competent to stand trial?

According to the text, even if the accused is deemed incompetent to stand trial, he or she may receive treatment to become competent, in the legal sense. Restoration to competency happens for _____ of incompetent defendants.

Competence to stand trial demands that the accused:

Grisso and colleagues (2003) compared youths (ages 11 to 13) with young adults and found that youths are _____ likely to accept a plea bargain.

According to research completed by Grisso and his colleagues (2003), the differences between adolescents (ages 11 to 17) and young adults (ages 18 to 24) in terms of their functioning on CST-related abilities were:

According to research (Grisso et al., 2003), when it comes to competency to stand trial, at approximately age _____, the differences between young offenders and those aged 18 to 24 disappear.

If a defendant is found incompetent to be executed, proceedings are initiated to_____ so that he or she can be _____.

Courts can recommend forcible medication of defendants:

A person accused of a crime has the right to plead guilty and relinquish his or her right to an attorney. However, according to the Supreme Court (Johnson v. Zerbst), a guilty plea must be:

An advantage of performing competency evaluations on an inpatient basis is that additional information can be gathered:

Section 1: Psychology and Law: a Cautious Alliance

Section 2: Psychology and Law: a Cautious Alliance

Section 3: Psychology and Law: a Cautious Alliance

Section 1: Interrogations and Confessions

Section 2: Interrogations and Confessions

Section 3: Interrogations and Confessions

Section 1: Lie Detection

Section 2: Lie Detection

Section 3: Lie Detection

Section 1: The Psychology of Forensic Identification: Dna, Fingerprints, and Physical Trace Evidence

Section 2: The Psychology of Forensic Identification: Dna, Fingerprints, and Physical Trace Evidence

Section 3: The Psychology of Forensic Identification: Dna, Fingerprints, and Physical Trace Evidence

Section 1: Criminal Profiling and Psychological Autopsies

Section 2: Criminal Profiling and Psychological Autopsies

Section 3: Criminal Profiling and Psychological Autopsies

Section 1: Child Sexual Abuse: Interviewing Children and the Recovered Memories of Adults

Section 2: Child Sexual Abuse: Interviewing Children and the Recovered Memories of Adults

Section 3: Child Sexual Abuse: Interviewing Children and the Recovered Memories of Adults

Section 1: Eyewitness Identification and Testimony

Section 2: Eyewitness Identification and Testimony

Section 3: Eyewitness Identification and Testimony

Section 1: Competency to Stand Trial

Section 3: Competency to Stand Trial

Section 1: Jury Selection and Trial Procedure

Section 2: Jury Selection and Trial Procedure

Section 3: Jury Selection and Trial Procedure

Section 1: The Insanity Defense

Section 2: The Insanity Defense

Section 3: The Insanity Defense

Section 1: Battered Woman Syndrome, Rape Trauma Syndrome, and Posttraumatic Stress Disorder

Section 2: Battered Woman Syndrome, Rape Trauma Syndrome, and Posttraumatic Stress Disorder

Section 3: Battered Woman Syndrome, Rape Trauma Syndrome, and Posttraumatic Stress Disorder

Section 1: Juries and Judges As Decision Makers

Section 2: Juries and Judges As Decision Makers

Section 3 Juries and Judges As Decision Makers

Section 1: Child Custody Disputes

Section 2: Child Custody Disputes

Section 3: Child Custody Disputes

Section 1: Workplace Law: Harassment, Discrimination, and Fairness

Section 2: Workplace Law: Harassment, Discrimination, and Fairness

Section 3: Workplace Law: Harassment, Discrimination, and Fairness

Section 1: Predicting Violent Behavior: the Psychology of Risk Assessment

Section 2: Predicting Violent Behavior: the Psychology of Risk Assessment

Section 3: Predicting Violent Behavior: the Psychology of Risk Assessment

Section 1: Corrections: Sentencing, Imprisonment, and Alternatives

Section 2: Corrections: Sentencing, Imprisonment, and Alternatives

Section 3: Corrections: Sentencing, Imprisonment, and Alternatives

Section 1: The Death Penalty

Section 2: The Death Penalty

Section 3: The Death Penalty

Filters

If a defendant is found incompetent to be executed, proceedings are initiated to_ so that he or she can be _.