Deck 8: Section 2: Competency to Stand Trial

Question 1

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:

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.

Answer 1

it is more likely than not that the accused is incompetent.

Question 2

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

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

Answer 2

restore him or her to competency; executed

Question 3

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:

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

Answer 3

knowing, intelligent, and voluntary.

Question 4

Competence to stand trial demands that the accused:

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 5

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

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

Question 6

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

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 7

To commit someone to a mental institution for an indefinite period of time, an individual must be deemed either _____ or _____.

A) gravely disabled; imminently dangerous to self or others
B) in need of mental health treatment; suicidal
C) unable to provide for their basic needs; dangerous to their family pets
D) physically unfit; in need of mental health treatment

Question 8

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

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

Question 9

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

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

Question 10

Competency to stand trial (CST) has two basic components to its definition. The first component refers to the accused individual's _____. The second component refers to the accused individual's _____.

A) mental state; chances of being tried in a court where the native language is spoken
B) ability to interact rationally with an attorney; understanding how the court process works
C) awareness of how the crime was committed; ability to interact rationally with an attorney
D) willingness to perform necessary functions; past and current mental state

Question 11

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.

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

Question 12

Eric was scheduled for trial as a result of a felony offense. It was soon discovered that he was certain that the light fixtures throughout his city were purposely set there by aliens trying to learn how to "fit in." He was found incompetent to stand trial, but not because of his alien theory. He was found incompetent because:

A) his delusions hampered his ability to assist in his own defense because he believed that the judge and jury were aliens as well.
B) his delusions hampered his ability to understand that aliens don't exist and, even if they did, they wouldn't tamper with the trial.
C) his ability to see aliens interfered with his sense of right and wrong.
D) aliens had obviously committed the crime.

Question 13

Bona fide doubt may also be referred to as _____ doubt.

A) substantial
B) reasonable
C) voluntary
D) collateral

Question 14

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

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 15

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:

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

Question 16

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

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 17

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:

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 18

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

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

Question 19

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

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

Question 20

What is a primary advantage of providing an evaluation of competency of a defendant within an institution rather than outpatiently?

A) It provides multiple opportunities to observe the defendant's behavior over time.
B) It provides one setting to observe the defendant's behavior in one time frame.
C) It provides a full evaluation of the defendant in one time frame.
D) It removes the issue of extenuating circumstances from the evaluation process.

Question 21

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:

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

Question 22

The second edition of the Minnesota Multiphasic Personality Inventory (MMPI-2) is a measure of:

A) competency to stand trial.
B) intelligence.
C) personality traits.
D) psychopathology.

Question 23

Psychological tests related specifically to legal issues, for example, for the evaluation of competence to stand trial, are referred to as:

A) forensic evidence.
B) forensic assessment instruments.
C) psychological diagnostics.
D) criminal intent diagnostics.

Question 24

According to the text, _____ states allow juveniles of a certain age to be tried in adult venues when charged with serious crimes.

A) very few
B) about half of the
C) the vast majority of the
D) all fifty

Question 25

When requested to perform assessment of competence, clinicians:

A) are bound by law to use the same methods of evaluation on everyone they assess.
B) generally utilize techniques familiar to them based on training and experience.
C) utilize the most recent assessment techniques.
D) only use those assessments that opposing experts use.

Question 26

Courts can recommend forcible medication of defendants:

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 27

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.

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

Question 28

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

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

Question 29

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

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

Question 30

According to the definition in the text, malingering means that an individual is:

A) dealing with a malignant condition.
B) intentionally faking a mental illness or disability.
C) effectively hiding an illness or disability.
D) incompetent to stand trial.