Deck 5: Insanity and Competency

Question 1

Summarize the testimony of the expert witnesses in the trial of Jeffrey Dahmer.With which expert did you most agree? Why?

Answer 1

no answer

Question 2

Define malingering.What are three types of malingerers?

Answer 2

no answer

Question 3

Which of these is NOT a reason it is so to evaluate insanity?

A)Insanity and psychosis are not the same thing.
B)Defendants are not permitted to be tested after they are charged with a crime.
C)Insanity is a legal concept,not a psychiatric one.
D)Evaluation of a defendant's present status may not be relevant to his or her status when the act was committed.

Answer 3

Defendants are not permitted to be tested after they are charged with a crime.

Question 4

Which definition of insanity is said to have precipitated the influx of psychiatrists and clinical psychologists as expert witnesses in NGRI trials?

A)M'Naghten
B)Durham
C)Brawner
D)M'Naghten,with irresistible impulse added

Question 5

What was the verdict in John Hinckley's trial? What charges in federal laws resulted from this verdict?

Question 6

Describe the actions of John Salvi.Should he have been found guilty,NGRI,or GBMI?

Question 7

Is insanity the same as psychosis?

Question 8

The M'Naghten test is called a cognitive test of insanity because

A)it examines whether a person has a disease of the mind.
B)it looks at if the person had an irresistible impulse to commit the crime.
C)it concentrates on the person's ability to control their behavior.
D)it emphasizes the person's thought processes and perceptions of reality.

Question 9

What definition of insanity is currently used in about half of the US?

A)M'Naghten
B)Durham
C)Irresistible impulse standard
D)Most states have abolished the insanity defense

Question 10

Why is determining whether a defendant is insane ?

Question 11

Describe how forensic psychologists assess criminal responsibility.

Question 12

Define ultimate-issue testimony.Is it allowed? Should it be?

Question 13

Discuss the case of Arizona v.Clark (2006) and how it affected the insanity defense.

Question 14

What is an affirmative defense?

Question 15

Malingering means

A)not knowing the difference between right and wrong.
B)having a severe psychological problem.
C)examining the competency of a person to stand trial.
D)simulating a disorder.

Question 16

Contrast the McNaughton rule and the ALI standard,or Brawner rule,as definitions of insanity.

Question 17

Every state in the United States

A)uses the same definition of insanity.
B)permits the use of the NGRI defense.
C)uses the M'Naghten rule to define insanity.
D)None of these

Question 18

Define competency.What types of competency exist in the legal system? How are they assessed?

Question 19

Mens rea means

A)the inability to suppress an impulse to commit a forbidden act.
B)that a defendant is competent to stand trial.
C)the mental state of knowing the nature and quality of a forbidden act,or "a guilty mind."
D)the mental state at the time a particular behavior is committed.

Question 20

Assessing the competency of juveniles creates special problems.What are some of these?

Question 21

Which of the following is not an instrument used to assess competency to stand trial?

A)Hare Revised Psychopathy Checklist
B)Competence Assessment Instrument
C)Georgia Court Competency Test
D)MacArthur Competence Assessment Tool-Criminal Adjudication

Question 22

What happens after a guilty but mentally ill verdict?

A)The defendant is sent to prison.
B)The defendant is sent to a mental hospital until declared to be sane,then sent to prison.
C)The defendant is sent to a mental hospital until declared to be sane,then released.
D)The defendant is sent to a mental hospital and stays there for the rest of their sentence.

Question 23

How many states have no insanity defense?

A)0
B)3
C)5
D)21

Question 24

Competence to stand trial as a "sufficient present ability to consult with one's attorney with a reasonable degree of rational understanding,and a rational,aswell as a factual understanding of the proceedings" describes

A)Ford v.Wainwright
B)Dusky v.United States
C)Johnson v.Zerbst
D)Gideon v.Wainwright

Question 25

An unusual aspect of the trial of Jeffrey Dahmer was that

A)the prosecution did not employ any expert witnesses.
B)no psychiatrists testified,only clinical psychologists.
C)the presiding judge asked several expert witnesses to testify.
D)all the expert witnesses came up with the same diagnosis.

Question 26

In federal trials,an expert witness is allowed to testify,expressing an opinion whether the specific defendant was sane or insane in

A)both federal and state cases.
B)some state,but not any federal cases.
C)some federal,but not any state cases.
D)neither federal nor state cases.

Question 27

Which definition of insanity includes two prongs,a cognitive aspect and a volitional aspect?

A)ALI standard
B)McNaughton rule
C)Durham rule
D)GBMI standard

Question 28

In a study by Fulero and Finkel (1991),mock jurors read one of several versions of a murder trial,with different testimony by expert witnesses.Researchers found that

A)jurors who heard ultimate-opinion testimony were more likely to judge the defendant as not guilty by reason of insanity.
B)jurors who heard testimony on the defendant's ability to understand the wrongfulness of the act were more likely to judge the defendant as not guilty by reason of insanity.
C)jurors who heard testimony on the defendant's mental disorder were more likely to judge the defendant as not guilty by reason of insanity.
D)the type of information from the expert witnesses did not significantly affect the verdict of the mock jury.

Question 29

Which of the following is NOT an example of an affirmative defense?

A)"I did it but I was insane."
B)"I did it but it was out of self-defense."
C)"I didn't do it and I have an alibi that proves I couldn't have done it."
D)"I did it but I was a victim of entrapment."

Question 30

Which of the following is true?

A)The adoption of a GBMI option has led to a reduction in NGRI acquittals.
B)The use of a GBMI guarantees that offenders will get effective treatment.
C)Jurors are able to distinguish between GBMI and NGRI.
D)Most defendants who are found GBMI would have otherwise been found guilty.

Question 31

"Distinguishing between right and wrong" is central to which definition of insanity?

A)Durham rule
B)M'Naghten rule
C)ALI standard
D)None of these

Question 32

John Hinckley Jr.was acquitted by reason of insanity.What appeared to be an influence on the jury's verdict?

A)The defense had proven that he was insane beyond a reasonable doubt.
B)The defense had not proven that he was sane beyond a reasonable doubt.
C)The prosecution had proven that he was insane beyond a reasonable doubt.
D)The prosecution had not met its burden to prove he was sane beyond a reasonable doubt.

Question 33

Ted Kaczynski,the Unabomber,

A)pleaded not guilty by reason of insanity,but was found guilty.
B)was found not guilty by reason of insanity.
C)was found incompetent to stand trial.
D)was found competent to stand trial.

Question 34

What did Arizona limit their M'Naghten test to?

A)Knowing right from wrong.
B)Knowing the nature and quality of the act.
C)Being able to control one's behavior.
D)Being able to participate in the legal process.

Question 35

Which of the following is NOT a characteristic of the Insanity Defense Reform Act of 1984?

A)It removed the volitional element previously introduced by the Brawner rule.
B)It made it possible for mental health experts to provide ultimate opinions about the defendant's insanity at the time of the crime.
C)It placed the burden on the defendant to prove that he or she was insane at the time of the crime.
D)It prohibited experts from giving ultimate opinions about a defendant's insanity.

Question 36

Which of the following is NOT included in the definition of the M'Naghten Rule?

A)Not knowing the difference between right and wrong
B)Suffering from a disease of the mind
C)Possession of evil spirits
D)Suffering from a defect of reason

Question 37

The Insanity Defense Reform Act of 1984 did what?

A)It removed the volitional prong of the ALI rule.
B)It made the Brawner rule the standard for federal cases.
C)It removed the appreciating the nature of the act par of the M'Naghten test.
D)It placed the burden of proof for sanity on the prosecution.

Question 38

What is the criterion for determining competency?

A)State of mind of defendant in the present.
B)State of mind of the defendant at the time of the crime.
C)State of mind of the defendant in the future.
D)State of mind of the defendant in the past,present,and future.

Question 39

Defense attorneys have concerns about their clients' competency to stand trial in about what percent of cases?

A)10-15%
B)25-30%
C)50-60%
D)More than 75%

Question 40

Which instrument to assess competency uses hypothetical situations,in order to measure the defendant's understanding?

A)Hare Revised Psychopathy Checklist
B)Competence Assessment Instrument
C)Georgia Court Competency Test
D)MacArthur Competence Assessment Tool-Criminal Adjudication

Question 41

A 16-page structured interview covering signs of malingering is

A)SIRS
B)M test
C)Fb test
D)Malingering Probability Scale

Question 42

On the MMPI-2,which scale attempts to measure malingering?

A)L Scale
B)F Scale
C)M Scale
D)Fb Scale

Question 43

Arthur is a defendant being charged with kidnapping.His attorney suspects that Arthur is not competent to stand trial,and the trial judge ordered acompetency evaluation.In the examination,Arthur is asked to complete anumber of sentences relevant to criminal justice.What assessment instrument isbeing used?

A)Competency Screening Test
B)Competency Assessment Instrument
C)Interdisciplinary Fitness Interview
D)MacArthur Competence Assessment Tool

Question 44

In which case did the Supreme Court rule that juvenile courts had to provide the same due process rights to juveniles as those given to adults?

A)Dusky v.United States
B)Ford v.Wainwright
C)Johnson v.Zerbst
D)In re Gault

Question 45

In general,an average ______ year old adolescent is equivalent to an adult in their understanding of trial processes.

A)11
B)12
C)13
D)14

Question 46

In Wanda's competency evaluation,the psychiatrist conducted a structured interview,addressing 13 functions relevant to competent functions at trial.What assessment instrument was being used?

A)Competency Screening Test
B)Competency Assessment Instrument
C)Interdisciplinary Fitness Interview
D)MacArthur Competence Assessment Tool

Question 47

What standard do American courts use in determining competence to stand trial?

A)Dusky standard
B)Brawner standard
C)ALI standard
D)MacArthur standard

Question 48

Which of the following is NOT a type of malingerer?

A)Coerced malingerer
B)Pathogenic malingerer
C)Adaptational malingerer
D)Criminological malingerer