True / False
1. Manystateshavecodifiedsomeversionofthecommonlawrulesonchildren’scriminalcapacity,thoughtheyvary
on the age limits adopted.
a. True
b. False
2. The Washington Supreme Court identified eight factors to consider in determining capacity.
a. True
b. False
3. The two prongs of the M’Naghten rule include cognitive and moral incapacity.
a. True
b. False
4. TheM’Naghtenruleappliesonlyifthedefendantknewthenatureofhisactsandthattheywerewrong.
a. True
b. False
5. Thesubstantialcapacitytestapplieswheneverthedefendantcannot“appreciate”thenatureofhisacts,orthat
they were wrong, a lesser requirement.
a. True
b. False
6. A defendant found guilty but mentally ill may still be given a sentence that could have been ordered for a
conviction on the crime charged.
a. True
b. False
7. Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense.
a. True
b. False
8. A verdict of not guilty by reason of insanity results in a conviction of the defendant.
a. True
b. False
9. Mental illness, mental retardation, or many forms of physical illnesses may be the basis for finding a person
incompetent to stand trial.
a. True
b. False
10. A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks
the ability to participate in his own defense.
a. True
b. False
Multiple Choice
11. Theageselectedbythejurisdictionastheminimumageforachild’scriminalresponsibilitycreatesaconclusive
presumption that
a. a child under that age lacks the capacity to commit a crime
b. a child under that age would not commit a crime
c. a child under that age does not want to commit a crime
d. a child under that age has the capacity to commit a crime
12. The two prongs of the M’Naghten rule are
a. cognitive incapacity and moral incapacity
b. cognitive incapacity and volitional incapacity
c. volitional incapacity and moral incapacity
d. volitional incapacity and the product-of-mental illness
13. Under which of the following circumstances do states permit the insanity defense with voluntary intoxication or
drug use?
a. whenithascreateda“settled”psychoticmentalstate
b. states always permit the insanity defense with voluntary alcohol use but not with drug use
c. states always permit the insanity defense with voluntary drug use but not with alcohol use
d. states never permit the insanity defense with voluntary intoxication or drug use
14. ThefirstprongoftheM’Naghtenrule
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
15. The common law established the lowest age of criminal responsibility at age
a. 5
b. 7
c. 14
d. 18
16. At what age do most states infer that individuals are competent and capable of committing a crime?
a. 5
b. 7
c. 14
d. 18
17. In some states there is a _____ presumption that children between the ages of 7 and 14 have the capacity to
commit a crime.
a. mandatory
b. inferential
c. conclusive
d. rebuttable
18. A rebuttable presumption means the presumption
a. may not be overcome by the presentation of evidence
b. may be overcome by the presentation of evidence
c. may be presented by the prosecution only
d. may be presented by the defense only
19. The second prong requires
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
20. The M’Naghten rule differs from the substantial capacity test primarily on the ofthedefendant’sunderstandingof
events that made up the crime charged.
a. magnitude
b. capacity
c. logicality
d. quality
21. How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?
a. almost never
b. never
c. almost always
d. always
22. A defendant of questionable competency should not be tried for a criminal violation because
a. trials of incompetent persons violate their due process rights
b. due process requires persons charged with crimes to be given an opportunity to consult with counsel
c. due process requires persons charged with crimes to be given an opportunity to assist in their own defense
d. all of these answers are correct
23. A defendant who is found not guilty by reason of insanity is almost always
a. tried again for the same offense
b. set free
c. committed to a mental institution
d. reimbursed by the government for the cost of the trial
24. What is the name of the test which combines cognitive incapacity and moral incapacity?
a. The M’Naghten test
b. The“rightandwrong”test
c. The Product rule
d. The “SubstantialCapacity”Test
25. What is the name of the test which focuses on volitional incapacity?
a. The M’Naghten test
b. The“rightandwrong”test
c. The Product rule
d. The “SubstantialCapacity”Test
26. What is the name of the test which focuses on the product-of-mental illness?
a. The M’Naghten test
b. The“rightandwrong”test
c. The “SubstantialCapacity”Test
d. none of these answers is correct
27. In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the
offense, the defendant
a. is free to leave
b. may be committed to a mental institution
c. will automatically be committed to a mental institution
d. may receive any sentence that could be imposed for that crime
28. Stateswiththe“guiltybutmentallyill”verdict
a. have abolished the insanity defense
b. have retained the insanity defense
c. consider it identical to the not guilty by reason of insanity verdict
d. require the prosecution to prove the defendant was mentally ill
29. Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally
ill?
a. defendant is guilty of offense
b. defendant was mentally ill at time offense was committed
c. defendant was not legally insane at time offense was committed
d. All of these are required for a defendant to be found guilty but mentally ill
30. In what recent case did the U. S. Supreme Court hold that a mentally retarded person could not be subject to the
death penalty?
a. Atkins v. Virginia
b. Pruit v. State
c. State v. Ramer
d. Foucha v. Louisiana
31. Which of the following are factors to consider when determining criminal capacity for children?
a. the nature of the crime
b. thechild’sageandmaturity
c. whether the child evidenced a desire for secrecy
d. all of these are factors to consider
32. To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and
a. speak and understand English
b. have the ability to hear and see
c. remember what happened at the time of the alleged crime
d. understand the charges and proceedings
33. Defendants who are found incompetent to stand trial
a. may be tried when they become competent
b. may not be tried at any time thereafter
c. are entitled to a verdict of not guilty by reason of insanity
d. are entitled to a verdict of not guilty due to diminished capacity
34. In Jackson v. Indiana, the U.S. Supreme Court held that defendants who are not competent to stand trial may
be held
a. up to 90 days
b. up to 120 days
c. nolongerthana“reasonableperiodoftime”
d. up to 365 days
35. Courts generally have held that partial amnesia
a. does not render the defendant incompetent to stand trial
b. renders a defendant incompetent to stand trial permanently
c. renders a defendant incompetent to stand trial until their memory returns
d. denies the defendant a fair trial and violates due process
36. What insanity test emerged from the M’Naghten case?
a. the“rightandwrong”test
b. the substantial capacity test
c. the product-of-mental illness test
d. the defect of character test
37. Which of the following may be the basis for finding a person incompetent to stand trial?
a. mental illness
b. mental retardation
c. physical illness
d. all of these answers are correct
38. A verdict of not guilty by reason of insanity results in
a. dismissal of the charges
b. incarceration of the defendant
c. hospitalization of the defendant
d. a suspended sentence for the defendant
39. Inmoststatesthedefendant’svoluntaryintoxicationordrugusemayserveasthebasisforaclaim
a. of diminished capacity
b. of not guilty by reason of insanity
c. of guilty but insane
d. of guilty but mentally ill
40. Which of the following is true of the requirement of the M’Naghtenruleascomparedtothe“substantialcapacity”
test?
a. the “substantialcapacity”testhasalesserrequirement
b. the M’Naghten rule has a lesser requirement
c. the requirements of both are equivalent
d. none of these answers are correct
Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair of $120 Nike shoes. The
store’slosspreventioncatcheshimandcallsthepolice.
41. The police may consider charging Tommy with theft/shoplifting because
a. Theycan’tchargehimbecausehe’stooyoung
b. They may consider charging him because 14 years old is the age of reason for most states.
c. Sincehe’s14yearsold,hewillonlybechargedinadultcourt
d. The courts in every state say a person will be charged with a crime if they are 14 years of age or older,
regardlessofthecircumstancesandregardlessofthechild’sintellect,etc.
42. Inmoststates,ifTommywasundertheageof______hecouldn’tbechargedwithacrime.
a. 14
b. 12
c. 10
d. 8
43. If Tommy did not have the mental capacity or the ability to formulate the necessary criminal intent or understanding
that he/she committed a crime, then Tommy
a. would not be prosecuted
b. would be prosecuted as a child
c. would be prosecuted based on diminished capacity
d. would be prosecuted as an adult
Scott“tootough”Rudyfindsoutthathisgirlfriendischeatingonhimwithhisbestfriend.Scott“tootough”goes
overtohisbestfriend’shouseandfindshisgirlfriendisthereandisengagedinsexualactswithhisbestfriend.
Scott“tootough”takesouthisgunandshootsandkillsbothofthem.Scottisarrestedandchargedwithtwo
counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as
his defense.
44. An insanity test that claims that defendants are not legally responsible for their acts if, due to a defect of the mind, at
the time of the crime they were unable to understand the difference between right and wrong, could be used in
Scott’scaseandiscalled
a. Left and right test
b. Right and not right test
c. Wrong and not right test
d. Right and wrong test
45. Theinsanitydefenserule,whichcouldbeusedatScott’strial,whichrequiresproofthatbecauseofmentaldiseaseor
defect defendants did not know the scope or character of their actions, is called
a. M’Naghtenrule
b. Naghten rule
c. Maghten rule
d. M’Natenrule
46. Anothertest,whichcouldbeusedinScott’strial,todeterminecriminalresponsibilitybasedonwhetherthe
defendant could (1) distinguish between right and wrong or (2) conform his or her conduct to the requirements of
law, is called
a. Capacity test
b. Substantial capacity test
c. Substantial test
d. Test of capacity
Scott“tootough”Rudyfindsoutthathisgirlfriendischeatingonhimwithhisbestfriend.Scott“tootough”goes
overtohisbestfriend’shouseandfindshisgirlfriendisthereandisengagedinsexualactswithhisbestfriend.
Scott“tootough”takesouthisgunandshootsandkillsbothofthem.Scottisarrestedandchargedwithtwo
counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as
his defense.
47. Scott“tootough”musthavetheabilitytocooperatewithhisattorneysandtheabilitytounderstandthechargesand
proceedings against him. This is referred to as
a. Competency to stand trial
b. Incompetent to stand trial
c. Competent to commit a crime
d. Incompetent to commit a crime
48. Scott’sattorneycouldseektointroduceevidenceshowingthatbecauseofmentaloremotionalconditions,theScott
did not possess the required mens rea for conviction of crime charged. This is referred to as
a. Diminished competence defense
b. Diminished incompetent defense
c. Diminished capacity defense
d. Diminished incapacity defense
49. Scott’sattorneycouldpresentthe“substantialcapacity,”which(1)distinguishesbetweenrightandwrongor(2)
conform his conduct to the requirements of law. This is referred to as
a. Model Code test
b. Penal Model test code
c. ModelPenalCode“substantialcapacity”test
d. Substantial code test
50. Scott“tootough’maybefoundguiltybutmentallyillifallthefollowingarefoundbeyondareasonabledoubt:(1)
defendant is guilty of offense; (2) defendant was mentally ill at time offense was committed; and (3) defendant was
not legally insane at time offense was committed. This is called?
a. Guilty but mentally ill alternative verdict and plea
b. Not guilty by reason of insanity
c. Mentally ill conviction
d. Guilty but not mentally ill alternative
51. Subjecting the accused to a tortuous ordeal is referred to as
a. trial by ordeal
b. trial by jury
c. trial by combat
d. trial by judgement
52. Having the accused and the accuser fight one another to decide guilt or innocence is referred to as
a. trial by ordeal
b. trial by jury
c. trial by battle
d. trial by judgement
53. Superstition played a role in ancient England in in colonial America in accusing, mostly women, of
a. being agnostic
b. praying to God
c. practicing witchcraft
d. crimes against humanity
54. The standard for the defendant to prove insanity is
a. strict proof standard
b. reasonable suspicion
c. a preponderance of the evidence
d. beyond a reasonable doubt
55. Which is not one of the factors the Washington Supreme Court identified in determining capacity?
a. the nature of the crime
b. the child’s age and maturity
c. the child’s socioeconomic status
d. prior conduct similar to that charged
56. A legal entity created under the laws of a state or federal government is the definition of a
a. corporation
b. contract
c. parent
d. business
57. For a crime to be attributable to a corporation, the person must
a. be in control of the corporation’s affairs
b. hold stock in the corporation
c. have a relationship with the corporation
d. do business with the corporation
58. Which judicial concept requires that defendants be given the opportunity to participate in their defense?
a. due process
b. right against self-incrimination
c. prohibition against cruel and unusual punishment
d. right to a jury trial
59. Due process is only possible if the defendant is
a. educated
b. competent
c. argumentative
d. innocent
60. The Supreme Court has repeatedly maintained that it is a violation of due process to try and convict
a. child defendants
b. the mentally incompetent
c. the elderly
d. the innocent
61. Children below a certain ____ cannot be convicted of a crime.
62. A child of 14 could be convicted if it can be shown the child had the ____ ability and understanding to formulate
the required criminal intent.
63. ThefirstprongoftheM’Naghtenruleiscalledthe____capacity prong.
64. Thesubstantialcapacitytestapplieswheneverthedefendantcannot“______”thenatureofhisacts,orthatthey
were wrong.
65. In addition to the traditional insanity verdict, some states have provided for the verdict of ___________ but
mentally ill.
66. A person found not guilty by reason of insanity cannot be tried again because of the Constitutional provision
against double ___________.
67. Voluntary intoxication or drug use is almost___ the basis for the successful assertion of the insanity defense.
68. Most states place the burden of proof on the ___________ on the issue of being incompetent to stand trial.
69. A verdict of not guilty by reason of insanity results in an ____ of the defendant; a verdict of guilty but mentally ill is
a conviction.
70. A person who lacks ____ does not have the ability to understand what is happening at trial.
71. A test used to determine criminal responsibility in ancient England where the defendant was subjected to tortuous
ordeal was called ___.
72. ThesecondprongoftheM’Naghtenruleiscalledthe____capacity prong.
73. A person who has not yet reached the age of majority is called an ____.
74. Tests to determine legal and moral liability are called ____.
75. A legal entity created under the laws of a state or the federal government is called a ____.
76. Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.
77. Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal
statutes.
78. What are the differences between the M’Naghtenruleandthe“substantialcapacity”test?Whichtesthasa
stricter requirement?
79. What are the two prongs of the M’Naghten rule? Explain the “rightandwrong”testthatemergedfromthe
M’Naghten case.
80. Explain why a defendant of questionable competency should not be tried for a criminal violation.
81. Explainthepleaof“guiltybutmentallyill.”Why have some states enacted such statutes and how do they work?
82. What is the diminished capacity defense and under what circumstances can or cannot a defendant argue it
successfully?
83. What is the test for competency to stand trial and what happens to a defendant who is found incompetent?
84. Explain the difference between a verdict of not guilty by reason of insanity and a verdict of guilty but mentally ill.
85. A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks
the ability to participate in his own defense. Explain why this is a problem.