Deck 10: The Insanity Defense

Question 1

Insanity is considered a(n):

A) legal term.
B) psychological term.
C) opportunity for the guilty to escape punishment.
D) psychiatric diagnosis.

Answer 1

legal term.

Question 2

When determining insanity, the courts rely on:

A) clinical psychologists.
B) prosecuting attorneys.
C) expert witnesses.
D) defense attorneys.

Answer 2

clinical psychologists.

Question 3

According to the text, insanity:

A) refers to the defendant's state of mind at the time of the trial.
B) affirms the psychiatric diagnosis according to the legal standards.
C) refers to the criminal's state of mind at the time the crime was committed.
D) confirms the defendant's moral responsibility.

Answer 3

refers to the criminal's state of mind at the time the crime was committed.

Question 4

In legal terminology, the awareness, or "guilty mind," that must accompany the wrongful behavior is known as:

A) actus reas.
B) habeas corpus.
C) mens rea.
D) the Magna Carta.

Question 5

When legal scholars, legislators, and judges labor over figuring out the precise wording to define insanity, they often overlook a key question. According to the text, the question is:

A) Which mental illnesses and to what degree constitute insanity?
B) Does the definition of insanity impact the juries' verdict decisions?
C) How long should defendants found NGRI spend in mental institutions?
D) How dangerous are NGRI defendants when they are finally released?

Question 6

Whereas competence refers to the defendant's state of mind _____, insanity concerns his or her state of mind _____.

A) before the crime was committed; at trial
B) during the commission of the crime; at trial
C) at trial; after the crime was committed
D) at trial; during the commission of the crime

Question 7

Contrary to what most people believe, the insanity defense is _____ raised and is usually _____.

A) infrequently; unsuccessful
B) infrequently; successful
C) frequently; unsuccessful
D) frequently; successful

Question 8

What happens to defendants who are found guilty but mentally ill (GBMI)? The answer is all of the following, EXCEPT:

A) they are released.
B) they are sent to a prison or a secure psychiatric facility.
C) they are supposed to receive mental health treatment.
D) they often receive longer sentences than those who are guilty but not mentally ill.

Question 9

Montana, Utah, Kansas, and Idaho are the only states that:

A) have entirely abolished the insanity defense.
B) use the ALI standard of insanity.
C) use the Durham test of insanity.
D) use more than one rule for insanity.

Question 10

Defendants who received a verdict of not guilty by reason of insanity instead of a guilty verdict, spend _____ time locked up in a psychiatric hospital rather than in prison, but this information _____ jurors.

A) slightly more; does not affect the decisions of
B) slightly more; is not provided to
C) very little; does not affect the decisions of
D) very little; is not provided to

Question 11

Andrea Yates's first trial demonstrates that severely mentally ill people _____ meet the legal definition of insanity.

A) may not
B) always
C) have to be found incompetent to
D) often

Question 12

All of the following statements are true about the insanity defense, EXCEPT:

A) Insanity is a legal term that does not correspond to any specific mental health diagnosis.
B) Legal definitions of insanity are shaped by legislators and judges.
C) Most people who suffer from a mental illness would not meet the standard of insanity.
D) Mental health professionals make legal decisions about whether the defendant is insane.

Question 13

Mr. Bentley has been diagnosed with intellectual disability. For Mr. Bentley to be found not guilty by reason of insanity under the M'Naghten rule, the best strategy for his defense team is to argue that Mr. Bentley:

A) still wets his bed every night.
B) has been hospitalized for mental disorders before.
C) does not understand right from wrong.
D) could not control his behavior.

Question 14

Which definition of insanity includes both a cognitive prong and a volitional prong?

A) The "wild beast" test.
B) The M'Naghten rule.
C) The Durham test.
D) The ALI standard.

Question 15

Legal definitions of insanity are crafted by:

A) legislators and psychologists.
B) judges and psychiatrists.
C) social workers and psychologists.
D) legislators and judges.

Question 16

In the context of insanity defense, malingering refers to:

A) the inability to distinguish right from wrong.
B) the exaggeration or faking of a mental disorder.
C) having a mental illness and using it as a basis of insanity defense.
D) concealing an existing mental disorder to avoid forcible treatment.

Question 17

In the states that allow the use of insanity defense, the burden of proof is placed on the _____, and in most of these states, by a _____ standard. In the federal system and Arizona, a more demanding standard of proof by clear and convincing evidence is required.

A) defense; beyond a reasonable doubt
B) defense; preponderance of the evidence
C) prosecution; beyond a reasonable doubt
D) prosecution; preponderance of the evidence

Question 18

In 1984, the Insanity Defense Reform Act instituted all of the following rules for insanity defense, EXCEPT:

A) Defendants must prove their insanity by clear and convincing evidence.
B) The volitional prong was dropped from the definition of insanity.
C) Experts are barred from giving ultimate issue testimony.
D) The Durham test of insanity became standard for all federal cases.

Question 19

Insanity refers to the defendant's state of mind:

A) during the trial process.
B) at the time the crime was committed.
C) between the commission of the crime and the start of the trial.
D) before the crime was committed.

Question 20

The subject of ultimate issue testimony is controversial. Although experts are _____ to say words "sane" or "insane," any meaningful expert testimony would _____.

A) allowed; avoid the use of these words as a matter of diagnosis
B) allowed; conceal the expert's opinion on the issue of insanity
C) forbidden; include the use of these words as a matter of diagnosis
D) forbidden; reveal the expert's opinion on the issue of insanity

Question 21

The concept that a person who commits a crime, receives punishment for it through the workings of our legal system, and afterwards makes a decision to never commit a crime again to avoid such punishment, is called:

A) retribution.
B) deterrence.
C) mens rea.
D) actus reus.

Question 22

The idea of the insanity defense is based on the principle that:

A) people are not quite normal.
B) behavior of mentally ill people is irrational.
C) people who commit crimes without full awareness should not be held fully responsible for their behavior.
D) mentally ill people cannot be hold accountable for their actions.

Question 23

Mark has been suffering from schizophrenia for many years, and his delusions and hallucinations are sometimes hard to control even with medication. If he commits a crime, he:

A) will definitely be found not guilty by reason of insanity.
B) is likely to be committed to a mental institution instead of prison.
C) may not meet the legal definition of insanity.
D) will be medicated against his will.

Question 24

The M'Naghten rule lists several components to meet the standard of legal insanity. One of the components is that, at the moment of the crime, the accused must have:

A) been laboring under a defect of reason.
B) had an irresistible impulse.
C) been possessed by a demon.
D) been unable to exercise self-control.

Question 25

According to the text, postpartum psychosis that Andrea Yates suffered from includes all of the following, EXCEPT:

A) severe depression.
B) acute headaches.
C) feelings of overwhelming anxiety.
D) being out of touch with reality.

Question 26

The notion that the punishment for criminal activity should be proportionate to the harm that was committed is known as:

A) retribution.
B) deterrence.
C) mens rea.
D) actus reus.

Question 27

Mens rea refers to _____, whereas actus reus refers to _____.

A) committing a crime; a guilty mind
B) vicarious learning; a criminal act
C) specific deterrence; general deterrence
D) a guilty mind; a criminal act

Question 28

The principle of punishment known as retribution is embodied by the following saying:

A) An eye for an eye.
B) Turning the other cheek.
C) Anger punishes itself.
D) Criminals are punished so that others may be amended.

Question 29

When we refer to _____, the focus is on the defendant's state of mind when the crime was committed. When we talk about _____, the focus is on the state of mind of the accused during the trial.

A) competence; insanity
B) competence; mental acuity
C) insanity; competence
D) mental illness; insanity

Question 30

The opposite to the Roman concept of non compos mentis is an awareness that criminal behavior is wrong. In the modern legal system, a term used for such awareness is:

A) not missing a screw.
B) mental competence.
C) psychological mindfulness.
D) mens rea.

Question 31

The principle of punishment known as general deterrence is embodied by the following adage:

A) Turning the other cheek.
B) An eye for an eye.
C) Anger punishes itself.
D) Criminals are punished so that others may be amended.

Question 32

For the most part, changes in insanity law result from the public's reaction to:

A) setbacks.
B) revolutions.
C) the Supreme Court decisions.
D) the outcomes of high-profile cases.

Question 33

On several occasions, Andrea Yates tried to kill _____, and still the jury at her first trial found her _____.

A) her children; not guilty
B) herself; guilty
C) her husband; not guilty
D) her parents; guilty

Question 34

Developments related to the insanity defense can be traced back:

A) 2 decades.
B) 50 years.
C) 100 years.
D) several centuries.

Question 35

A crucial question at the center of Andrea Yates trial was whether:

A) she was competent to stand trial.
B) she did kill all five of her children without accomplices.
C) she knew the difference between right and wrong.
D) she did hear voices during the commission of the crime.

Question 36

The concept that individuals with impaired cognitive understanding should not be held culpable, was used as early as the Roman Empire. Roman law classified those individuals to be non compos mentis, or:

A) not quite all there.
B) mentally competent.
C) without mastery of mind.
D) mens rea.

Question 37

The historical wild beast test of insanity implies that the mental deficiency involved in insanity is related to:

A) understanding and memory
B) reflection and synthesis
C) power hunger
D) sexual drive

Question 38

_____ is the concept that the punishment of criminals teaches others that criminal activities lead to penalties.

A) Specific deterrence
B) Retribution
C) General deterrence
D) Mens rea

Question 39

Before the trial, Andrea Yates was deemed _____. At the trial, she entered a plea of _____.

A) competent; not guilty by reason of insanity
B) competent; bargaining
C) legally insane; full incompetency
D) mentally ill; bargaining

Question 40

In modern jurisprudence, the presumption is that a criminal defendant is _____ and therefore _____ for his or her crimes.

A) insane; responsible
B) insane; not responsible
C) sane; responsible
D) sane; not responsible

Question 41

Unlike with insanity defense, mens rea defense requires that the _____ must prove mens rea _____.

A) defense attorney; beyond a reasonable doubt
B) prosecuting attorney; beyond a reasonable doubt
C) clinical psychologist; within a reasonable doubt
D) forensic expert; within a reasonable doubt

Question 42

Due to the dissatisfaction with both the M'Naghten rule and the Durham standard, the American Law Institute proposed a new standard that has tried to satisfy all the key players. It offered a two-prong approach for insanity: one related to the _____ prong, or an inability to appreciate the wrongfulness of one's conduct, and the other related to the _____ prong, or an inability to conform one's conduct to the rules.

A) cognitive; intuitive
B) cognitive; volitional
C) empathetic; cognitive
D) empathetic; intuitive

Question 43

When it comes to the issue of insanity defense, four states (Montana, Utah, Kansas, and Idaho) have:

A) adopted the strictest standard of proof for insanity.
B) entirely abolished the insanity defense.
C) barred experts from testifying in court.
D) instituted a mandatory insanity-certified jury trial process.

Question 44

If prosecutors contest insanity, jurors are typically not informed that the defendant would not go free if found NGRI. A study cited in the text has found that telling jurors what happens to a defendant found NGRI:

A) increases the likelihood of conviction.
B) decreases the likelihood of release on bail.
C) leads to more NGRI verdicts.
D) leads to fewer NGRI verdicts.

Question 45

The Insanity Defense Reform Act (IDRA) of 1984 has eliminated the _____ from the definition of insanity and prohibited experts from providing _____ testimony.

A) burden of proof; any
B) burden of proof; the ultimate issue
C) volitional capacity; any
D) volitional capacity; the ultimate issue

Question 46

There are unique problems presented by insanity evaluations that make developing a test to evaluate insanity extremely difficult. All of the following are valid reasons for this, EXCEPT:

A) a retrospective evaluation of a person's state of mind is involved.
B) the legal elements of what constitutes insanity are not as well defined as those for CST.
C) forensic assessment instruments can conflate CST with insanity.
D) there are considerable variations from state to state in legal definitions of insanity.

Question 47

An increasing use of neuroscientific evidence like brain scans in the courtroom led to the creation of a new interdisciplinary field called _____. A fundamental conflict embedded in this interdisciplinary field concerns the issue of _____.

A) scanography; brain plasticity
B) scanography; free will
C) neurolaw; brain plasticity
D) neurolaw; free will

Question 48

Another example of mistaken public views on what happens with NGRI defendants is a common idea that they get _____ sentences than non-NGRI defendants. In reality, people who are deemed legally insane often spend _____ time in custody than non-NGRI criminals convicted for similar crimes.

A) longer; more
B) longer; less
C) shorter; more
D) shorter; less

Question 49

Research first completed by Rita Simon in 1967, and later replicated in multiple studies by Finkel and his colleagues in the 1990s and 2000s, found that, when different sets of jurors are given different definitions of insanity based on legal terminology, there is:

A) no impact on their verdicts.
B) a great deal of difference in their verdicts.
C) an increase in guilty verdicts.
D) a decrease in guilty verdicts.

Question 50

In the wake of sensational trials like those of M'Naghten and Hinckley, the public outrage about insanity defense equates it with a _____, and the majority of people feel that the insanity defense should be _____.

A) convenient loophole; used more often
B) convenient loophole; abolished
C) safety net; used more often
D) safety net; abolished

Question 51

Even though there has been a lot of agonizing among legal scholars and legislators over the exact wording in the definition of insanity, the key question is how _____ interpret these definitions when deliberating a verdict. Research shows that they use their _____ notions of insanity.

A) actual juries; preexisting commonsense
B) actual juries; narrowly bound
C) trial judges; preexisting commonsense
D) trial judges; narrowly bound

Question 52

The Insanity Defense Reform Act (IDRA) of 1984 required that the _____ prove the insanity of the defendant at the time of the crime _____.

A) defense; beyond a reasonable doubt
B) prosecution; beyond a reasonable doubt
C) prosecution; by clear and convincing evidence
D) defense; by clear and convincing evidence

Question 53

A highly publicized 1978 trial in California brought up the influence of heavy ingestion of junk food on a person's mental state. The defense of the accused, Dan White, was referred to as the:

A) Little Debbie defense.
B) Cinnabon defense.
C) Big Mac defense.
D) Twinkie defense.

Question 54

Almost half of the U.S. states allow for a guilty but mentally ill (GBMI) verdict. Many scholars question the GBMI verdict since it does not guarantee that the offender will:

A) receive effective mental health treatment.
B) not be released shortly after the treatment is over.
C) not be retried.
D) be found competent to refuse medication.

Question 55

One of the most famous examples of malingering involved the serial killer Kenneth Bianchi who was pretending to be _____ and faked _____.

A) hypnotized; multiple personalities
B) hypnotized; paranoid delusions
C) psychotic; a manic-depressive disorder
D) psychotic; paranoid delusions

Question 56

The psychiatric illnesses most commonly associated with successful insanity pleas include all of the following, EXCEPT:

A) intellectual disability.
B) anxiety disorders.
C) psychosis.
D) mood disorders.

Question 57

The Durham standard replaced the M'Naghten rule in 1954, to take into consideration:

A) whether the act was caused by the mental disease or defect of a person.
B) the presumption that defendants are sane at the time of their alleged crime.
C) whether the defendant knew the nature and quality of their actions.
D) the defendant's criminal history.

Question 58

According to the text, the _____ refers to a situation where the impulse is so overwhelming that the perpetrator would have committed the act even if a law enforcer stood beside him or her at the time of the crime.

A) affirmative defense
B) policeman at the elbow test
C) policeman on the corner test
D) wild beast test

Question 59

Most of what people believe about the insanity defense is mistaken. For example, the proportion of felony cases where the defendant uses the insanity defense is less than _____; and when the insanity defense is used, it is successful in about ____ of those cases.

A) 1%; 5%
B) 1%; 25%
C) 10%; 25%
D) 10%; 50%

Question 60

Volitional capacity refers to the defendant's:

A) ability to understand court proceedings.
B) substantial cognitive deficits detected by a test.
C) inability to control his or her behavior.
D) remorse about an action they took that led to the crime.

Question 61

Why is it difficult to evaluate insanity? What factors make it different from the evaluation of competency to stand trial (CST)?

Question 62

What major changes were instituted to the insanity defense after the trial of John Hinckley?

Question 63

How do jurors view the insanity defense?

Question 64

According to the text, those found not guilty by reason of insanity (NGRI) generally spend _____ time in secure mental hospitals than they would have served in prison had they been found _____.

A) the same or more; incompetent
B) the same or more; guilty
C) less; incompetent
D) less; not guilty