Deck 9: Section 3: Jury Selection and Trial Procedure

Question 1

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

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

Answer 1

infrequently; unsuccessful

Question 2

In a majority of states that allow the use of the insanity defense, the burden of proof is placed on the _____ by the _____ standard.

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

Answer 2

defense; preponderance of the evidence

Question 3

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

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

Answer 3

ALI standard

Question 4

In legal terminology, the 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

Which of the following was NOT a major change instituted by the Insanity Defense Reform Act of 1984?

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

Question 6

Malingering refers to:

A) an inability to distinguish right from wrong.
B) exaggerating or faking a mental disorder.
C) having a mental illness and using it as a basis for an insanity defense.
D) having a mental illness and not raising this fact at trial.

Question 7

Andrea Yates was diagnosed with:

A) schizophrenia.
B) dissociative identity disorder.
C) postpartum mental illness.
D) bipolar disorder.

Question 8

Montana, Utah, Kansas, and Idaho:

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 9

What definition of insanity is used in most states currently?

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

Question 10

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

A) may not
B) always
C) never
D) often

Question 11

What happens to defendants who are found guilty but mentally ill?

A) They are released.
B) They are routinely sent to prison.
C) They are sent to a psychiatric hospital.
D) There are no clear rules on dispositions for these defendants.

Question 12

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 time of the crime and the time of trial.
D) before the crime was committed.

Question 13

Which famous case prompted shifting the burden of proof of insanity from prosecution to defense?

A) Durham
B) Hinckley
C) M'Naghten
D) Smith

Question 14

Successful insanity pleas are associated with all of these psychiatric illnesses EXCEPT:

A) psychosis.
B) mental retardation.
C) personality disorders.
D) mood disorders.

Question 15

Mr. Bentley has been diagnosed with intellectual disability. His defense team is using the fact that Mr. Bentley does not understand right from wrong to argue that he qualifies for being found not guilty by reason of insanity. Which test is being applied here?

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