Deck 9: Fitness to Stand Trial and Criminal Responsibility

Question 1

Mental health clinicians, the text explains, use the most recent version of the Diagnostic and Statistical Manual of Mental Disorders to work from, which is the _____ edition.

A) 5th
B) 6th
C) 7th
D) 8th

Answer 1

5th

Question 2

It is estimated that _____ percent of women experience postpartum depression.

A) 0.2
B) 2
C) 10
D) 15

Answer 2

15

Question 3

Which statement about provincial Review Boards is FALSE?

A) They are quasi-judicial and make recommendations about treatment admission or release.
B) The case of Vincent Li was eventually left to the supervision of the Manitoba Review Board.
C) They are made up of a judge, a physician and a police officer with training in mental health.
D) They make decisions about the rights and care of those unfit to stand trial or NCRMD.

Answer 3

They are made up of a judge, a physician and a police officer with training in mental health.

Question 4

Which statement about Canada's insanity law is FALSE?

A) Canada basically followed the M'Naghten rule for 100 years.
B) Prior to 1992, those using the insanity defence were automatically released after 10 years.
C) The M'Naghten rule is also referred to as a cognitive test of insanity.
D) Bill C-30 revised Section 16 of the Criminal Code and reformed insanity law in 1992.

Question 5

A drug that can interfere with the development of a fetus is called a(n):

A) inotropic.
B) hydrazide.
C) teratogen.
D) progestin.

Question 6

The BEST description of the standard of a "diseased mind" is that the defendant:

A) is totally deprived of his understanding & memory and is taken to fits and fugues.
B) is quite unaware of the nature, character and consequence of an act committed.
C) suffers a mental disorder recognized by the DSM that reduces his or her culpability.
D) didn't know what they were doing or that what they were doing was wrong.

Question 7

Which statement regarding automatism is FALSE?

A) In R. v. Stone, the insane automatism defense was successful and the defendant was acquitted in the manslaughter of his wife.
B) A successful defense requires psychiatric evidence that the accused acted involuntarily, on a balance of probabilities.
C) Non-insane automatism usually results from a blow to the head, poisoning, stroke or hypoglycemia.
D) Automatism defences require unconscious, involuntary behavior lacking the capacity for mens rea.

Question 8

Which was NOT one of the outcomes of Winko v. British Columbia (Forensic Psychiatric Institute)?

A) The court officially acknowledged a different level of criminal responsibility for NCRMD.
B) The case provided an interpretation for "significant threat to the community."
C) The justices changed policy so that NCRMD is a type of conviction entered into record.
D) Findings were that if the review board can't agree on crime risk, discharge must be ordered.

Question 9

Which is NOT one of the criminal legal competencies outlined in the text?

A) competency to waive a jury trial
B) competency to proceed pro se
C) competency to be sentenced
D) competency to plead guilty

Question 10

According to the authors, the most common diagnosis for suspects NCRMD or unfit to stand trial is:

A) affective disorder.
B) delusional disorder.
C) personality disorder.
D) schizophrenia.

Question 11

In _____ the Supreme Court established law governing the defence of automatism.

A) R. v. Stone
B) Winko v. British Columbia
C) Regina v. Oxford
D) R. v. D. B.

Question 12

A study of maternal filicide cases in Quebec found that _____ percent of the women had a psychiatric motive and _____ had had previous psychiatric treatment for depression or psychosis.

A) 42; few
B) 55; few
C) 65; most
D) 85; most

Question 13

Which statement is FALSE concerning suspects referred for competency evaluation in Canada?

A) From 3 percent to 33 percent are found to be incompetent.
B) Women are twice as likely as men to be found unfit to stand trial.
C) The vast majority of those found unfit to stand trial are eventually cleared to be tried.
D) Researchers project a slight decrease in the annual admissions to Review Boards.

Question 14

Rex v. Arnold was famous in insanity law as it provided courts the use of:

A) the not guilty by reason of insanity rule.
B) the wild beast test.
C) the diseased mind standard.
D) the cognitive test of insanity.

Question 15

Which explanation of fitness and competency is FALSE?

A) A person found fit to stand trial may later be found NCRMD if competency is restored.
B) Not every person found NCRMD has earlier been found unfit to stand trial.
C) Fitness to stand trial in the United States is called "sanity qualified."
D) Both fitness to stand trial and NCRMD require that a person suffer from serious mental illness.

Question 16

Deficits related to fetal alcohol spectrum disorder such as problems of planning, problem solving and inhibition are referred to as impairments in _____ functioning.

A) cognitive
B) adaptive
C) executive
D) structured

Question 17

Which is NOT one of the characteristics of those unfit to stand trial?

A) middle-aged male
B) above-average intelligence
C) never married
D) a criminal history

Question 18

Which is NOT one of the characteristics of individuals with fetal alcohol spectrum disorder as explained in the text?

A) They are eager to please and likely to give in to social pressure.
B) They equal non-FASD but high-risk youth in terms of fitness to stand trial impairments.
C) They tend to make up information when unsure of a question or an answer.
D) The are substantially overrepresented in the criminal justice system.

Question 19

Which statement about adolescent competency to stand trial is FALSE?

A) Beginning in 2002, young offenders can be tried in adult court.
B) Juveniles tried in youth court may receive adult sentences for serious crimes.
C) To date, adult legislation has been used to determine youth fitness to stand trial.
D) A fitness requirement for those 12 to17 years old is addressed in the Youth Criminal Justice Act.

Question 20

According to the text, of the offenders diagnosed in Canada between 1992 and 2004, _____ percent had dual diagnoses.

A) 9
B) 17
C) 24
D) 29

Question 21

Which is NOT a myth related to NCRMD cases?

A) Defendants found NCRMD have committed a serious violent crime.
B) Sentences under NCRMD are shorter and lighter.
C) Most psychological experts agree on diagnoses of schizophrenia in defendants.
D) Once released, most NCRMD defendants reoffend in a short period of time.

Question 22

It is estimated that the insanity defense is used in about _____ percent of all felony cases.

A) 1
B) 3
C) 5
D) 7

Question 23

According to the text, which is NOT a finding of the 2009 Department of Justice poll on the treatment of defendants found unfit to stand trial and NCRMD?

A) Ninety percent felt those found UST or NCRMD should stay under supervision of justice or mental health systems indefinitely.
B) Two-thirds felt non-violent offenders could be reintegrated into society when no longer a threat.
C) Forty percent thought those with violent crime history could eventually be reintegrated into society.
D) More than half felt that NCRMD was a more serious mental health problem with less hope for release than UST.

Question 24

Which was NOT a finding from follow-up studies of NCRMD outcomes in Canada?

A) During a three-year follow-up only 10 percent of NCRMD defendants committed a new offence for which they were convicted or found NCRMD.
B) The average period that an NCRMD defendant stayed under the supervision of the Review Board was six years.
C) About half of all NCRMD defendants studied finally achieved an absolute discharge from the Review Board's jurisdiction.
D) It is very rare for an NCRMD defendant to obtain an absolute discharge just after their initial disposition.

Question 25

According to the text, which element is NOT included in the Not Criminally Responsible Reform Act?

A) Courts could apply a high-risk designation to offenders deemed to be a risk to the public.
B) Release and opportunities to leave custody on temporary passes would be more limited.
C) Status reviews would be postponed from once per year to every three years.
D) Victims would automatically receive status updates on classification changes of offenders.

Question 26

According to the authors, testimony on whether a defendant is unfit to stand trial or NCRMD is often called _____ testimony.

A) expert diagnosis
B) ultimate issue
C) key proceeding
D) sanity gauge

Question 27

Which scale is NOT one of those used within the Rogers Criminal Responsibility Assessment Scales (R-CRAS) when determining NCRMD?

A) loss of cognitive control
B) psycholegal abilities
C) loss of behavioral control
D) malingering

Question 28

Describe how malingering has been documented in mental health disorders and some of the methods for detecting and evaluating it.

Question 29

The only fitness to stand trial test that was developed and published in Canada was the:

A) Competency Screening Test.
B) MacArthur Competence Assessment Tool-Criminal Adjudication.
C) Fitness Interview Test-Revised.
D) Competency Assessment Instrument.

Question 30

Fitness to stand trial tests have specific legal goals different from standard psychological instruments and for that reason they belong to a group called _____ instruments.

A) courtroom diagnostic
B) psycholegal evidence
C) forensic assessment
D) clinical defence

Question 31

Traditionally, an expert would not testify directly on whether a defendant was unfit to stand trial or NCRMD; instead they were only to address three questions. Which is NOT one of those questions?

A) How did the defendant's symptoms of mental disorder influence the offence behaviour?
B) Does the accused have a specific mental disorder?
C) What is the likelihood that the person will be effectively treated and no longer pose a threat to society?
D) How do the symptoms of mental disorder impair the ability of the accused to understand the proceedings?

Question 32

Which statement concerning characteristics shared by defendants judged to be NCRMD is FALSE?

A) They are usually men facing drug charges and intoxicated at the time of the offence.
B) They are usually men who have not previously committed a violent crime.
C) They are usually men with a history of hospitalization for severe mental illness.
D) They are usually men with no prior history of criminal offences.

Question 33

Explain the different ways the courts resolved the issues of insanity in the trials of Vincent Li and Allen Schoenborn.

Question 34

According to the authors, in cases where the insanity defense has been used successfully, it is most often because:

A) the treatment options seemed necessary for the safety of all.
B) the defence and the prosecution agreed beforehand that it was appropriate.
C) the experts for the defence were more convincing than those for the government.
D) the offence was one that involved irrational violent criminal behavior.

Question 35

In the process of ordering treatment for a UST defendant, evaluators must believe that the patient can be made fit within a period of time that is usually ______ days.

A) 60
B) 90
C) 120
D) 150

Question 36

Competency remediation usually takes two forms: medication and:

A) group therapy.
B) education.
C) relaxation.
D) exercise.

Question 37

Discuss some of the myths associated with the use of the NCRMD.

Question 38

Discuss the different instruments used to evaluate fitness to stand trial and their advantages and disadvantages.

Question 39

Of all cases where the insanity defence is used, it is successful in about _____ percent.

A) 5
B) 12
C) 18
D) 25

Question 40

Explain the evolution of insanity laws in Canada.

Question 41

How do the rulings of the various courts on inadmissible evidence protect the rights of individuals in the justice system?

Question 42

Discuss your views on whether the process of jury deliberation is coercive to the point that it negatively impacts justice? What measures could you use to reduce coerciveness and facilitate the process?

Question 43

Discuss what you think the optimal size of a jury might be and how the numbers might vary by type of crimes or uses in civil matters.

Question 44

Explain the stages in the jury deliberation process and the various complications that can arise in each one.

Question 45

Describe the various in-court aids to comprehension and how they have been studied and ruled on by the courts.