Chapter 6: Defenses to Criminal Liability: Excuse
Chapter 6 Test Bank
Defenses to Criminal Liability: Excuse
MULTIPLE CHOICE
1. In criminal law, insanity is
a.
a medical term.
b.
a legal concept.
c.
a psychological diagnosis.
d.
the same as mental illness.
2. Insanity excuses criminal liability because
a.
the defendant is found to be mentally ill.
b.
the defendant had diminished capacity.
c.
the defendant was so mentally ill he or she couldn’t form criminal intent and/or
control their actions.
d.
the defendant was incompetent.
3. Which of the following is an obstacle to proving the PMS defense?
a.
defendants have to prove that PMS is a disease
b.
the defendant has to suffer from PMS
c.
the PMS has to cause the mental impairment that excuses the conduct
d.
all of these answers are obstacles to proving the PMS defense
4. Which war led to the defense of post-traumatic stress syndrome (PTS)?
a.
the Korean War
b.
the Vietnam War
c.
the Gulf War
d.
the War on Terror
5. Defendants who plead an excuse defense admit what they did was wrong but argue
that, under the circumstances,
a.
they were not responsible for their actions.
b.
they were not culpable for their actions.
c.
they were not reliable for their actions.
d.
they were not constrained for their actions.
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6. What is the name of the right-wrong test of insanity?
a.
the M’Naghten rule
b.
the Durham rule
c.
the McDonough rule
d.
the Althusser rule
7. Under the M’Naghten test of insanity, the defendant is legally insane at the time of the
crime if, because of a mental disease or defect, he did not know that what he was
doing was wrong or did not know
a.
that the behavior was against the law.
b.
the identity of the victim.
c.
that he had a mental disease or defect.
d.
the nature and quality of the act.
8. For purposes of insanity statutes, mental diseases do not include
a.
psychosis.
b.
schizophrenia.
c.
paranoia.
d.
psychopathic and sociopathic personalities.
9. Which test of insanity focuses on the defendant’s inability to control their conduct?
a.
Durham
b.
irresistible impulse
c.
right-wrong
d.
M’Naghten
10. Which test of insanity from the Model Penal Code incorporates both the appreciation
and control components of other tests?
a.
Durham
b.
M’Naghten
c.
substantial capacity
d.
irresistible impulse
Chapter 6: Defenses to Criminal Liability: Excuse
11. What word do those who criticize the use of the word “know” in insanity tests prefer?
a.
understand
b.
comprehend
c.
cognate
d.
appreciate
12. The defense of insanity excuses criminal liability when it seriously damages
defendants’ capacity to control their acts and/or capacity to reason and
a.
understand the wrongfulness of their conduct.
b.
understand the harm of their conduct.
c.
understand the evil of their conduct.
d.
understand the stupidity of their conduct.
13. What is another name for the product test?
a.
the Durham rule
b.
irresistible impulse
c.
substantial capacity
d.
the M’Naghten rule
14. New Hampshire and Maine were the only states to adopt what rule for the insanity
defense?
a.
the M’Naghten rule
b.
the Durham rule
c.
the substantial capacity rule
d.
the right-wrong rule
15. In the 1980s, the federal government and many states changed their insanity defenses
after the insanity acquittal of
a.
John Hinckley.
b.
Bernhard Goetz.
c.
Daniel M’Naghten.
d.
David Neubauer.
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16. Defendants rarely plead insanity. Those who do
a.
rarely succeed.
b.
often succeed.
c.
always succeed.
d.
never succeed.
17. The right-wrong test focuses on defect in reason or
a.
cognition.
b.
standards.
c.
knowing.
d.
appreciation.
18. The defense of diminished capacity
a.
is the same as the Durham insanity test.
b.
asserts that the defendant’s acts were involuntary.
c.
involves a claim that because of mental illness the defendant did not have the
required actus reus.
d.
involves a claim that the defendant did not have the mens rea for the crime charged
because of a mental disease or defect.
19. Which test focuses on defect in self-control or will?
a.
volitional incapacity
b.
substantial incapacity
c.
product-of-mental-illness
d.
right-wrong
20. The diminished capacity defense is available
a.
in all states.
b.
in most states, only when the insanity defense is raised.
c.
only in few states.
d.
in most states, but for felonies only.
Chapter 6: Defenses to Criminal Liability: Excuse
21. At common law, children above what age were presumed to be capable of criminal
intent just like adults?
a.
10
b.
12
c.
14
d.
16
22. Which test focuses on reason and self-control?
a.
volitional incapacity
b.
substantial capacity
c.
product-of-mental-illness
d.
right-wrong
23. What legal term applies when a juvenile court gives up jurisdiction over a juvenile and
transfers the case to the adult criminal court?
a.
waiver
b.
change of venue
c.
change of jurisdiction
d.
adjudication
24. What is the most common form of waiver in the United States?
a.
prosecutorial
b.
legislative
c.
judicial
d.
transfer
25. In most jurisdictions, to establish the duress defense, the defendant must show that the
threat of harm against him or her was
a.
contingent.
b.
foreseeable.
c.
reasonable.
d.
imminent.
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26. In the majority of states, duress is not a defense for
a.
serious felonies.
b.
misdemeanors.
c.
theft.
d.
murder.
27. Which test focuses on defect in reason or cognition?
a.
volitional incapacity
b.
substantial incapacity
c.
product-of-mental-illness
d.
right-wrong
28. Which test focuses on criminal acts resulting from mental disease?
a.
volitional incapacity
b.
substantial incapacity
c.
product-of-mental-illness
d.
right-wrong
29. The entrapment defense arose primarily in response to police excesses in enforcing
what laws?
a.
violent crime
b.
consensual crime
c.
international
d.
espionage
30. The entrapment defense is
a.
protected by the Constitution.
b.
an affirmative defense created by judges.
c.
an affirmative defense created by statutes.
d.
not available in many states.
31. The subjective entrapment test is available for a defendant who can show the
government
a.
provided an opportunity for a mentally retarded individual to commit a crime.
b.
caused a predisposed person to commit a crime.
c.
caused an otherwise reasonable and law-abiding person to commit a crime.
d.
provided an opportunity for a person predisposed to commit a crime.
Chapter 6: Defenses to Criminal Liability: Excuse
32. The objective test of entrapment focuses on
a.
the actions of predisposed criminals.
b.
the actions of white collar criminals.
c.
the actions of police.
d.
the actions of mentally impaired offenders.
33. The insanity defense stands for the important proposition that we can only blame
people who are
a.
responsible.
b.
sane.
c.
insane.
d.
irresponsible.
34. Which of the following is not an excuse for committing a crime?
a.
voluntary intoxication
b.
involuntary intoxication
c.
insanity
d.
duress
35. Current trends favor shifting the burden of proof for insanity to
a.
prosecutors.
b.
litigants.
c.
judges.
d.
defendants.
TRUE/FALSE
1. Defendants who plead an excuse defense admit what they did was wrong.
a. true
b. false
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2. The defense of insanity excuses criminal liability when it seriously damages
defendants’ capacity to control their acts.
a. true
b. false
3. Many defendants plead the insanity defense.
a. true
b. false
4. In criminal law, the insanity defense is a legal concept, not a medical diagnosis.
a. true
b. false
5. The right-wrong test focuses on defect in reason or cognition.
a. true
b. false
6. In all states and the federal courts, the defendant must prove insanity beyond a
reasonable doubt.
a. true
b. false
7. At common law, voluntary intoxication was not a defense.
a. true
b. false
8. Involuntary intoxication is a recognized defense in most, if not all, states.
a. true
b. false
Chapter 6: Defenses to Criminal Liability: Excuse
9. Diminished capacity and diminished responsibility are the same thing.
a. true
b. false
10. At common law, children under seven years of age could not be guilty of a criminal
offense.
a. true
b. false
11. In the majority of states, duress isn’t a defense to murder.
a. true
b. false
12. Most jurisdictions utilize the objective test of entrapment.
a. true
b. false
13. The defendant’s predisposition to commit the crime is relevant in the objective test of
entrapment.
a. true
b. false
14. The product-of-mental-illness test is also known as the right-wrong test of insanity.
a. true
b. false
15. The diminished capacity defense is available in most jurisdictions.
a. true
b. false
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16. The substantial capacity test has both mental and physical elements.
a. true
b. false
17. Most defendants who utilize the insanity defense do so successfully.
a. true
b. false
18. Defendants who argue excuses such as Post-traumatic Stress Disorder or PMS rarely
succeed.
a. true
b. false
19. A syndrome is defined as a group of symptoms typical of a particular disease or
condition.
a. true
b. false
20. A defendant with prior convictions for similar offenses would probably fare best in a
jurisdiction that uses the subjective test of entrapment.
a. true
b. false
COMPLETION
1. Current trends favor shifting the burden of proof for to defendants.
Chapter 6: Defenses to Criminal Liability: Excuse
2. If undercover police officers offer enticements or inducements to get persons to
commit crimes, this could raise the defense.
3. Despite criticism of them, excuses should be taken seriously by the
legal system.
4. ________________ is used in all societies even though it violates a basic purpose of
government in free societies – to prevent crime, not to encourage it
5. The right-wrong test of insanity is also known as the ___________ test.
6. To establish the insanity defense, it must be shown that the defendant suffered from a
mental disease or ____________.
7. ____________ intoxication is not a defense.
8. It is sometimes okay to excuse people who harm people to save
themselves.
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9. The product-of-mental illness or test of insanity basically asks if
the mental illness caused the crime.
10. Under the _____________ test of entrapment, the government can introduce evidence
of the defendant’s prior convictions for similar offenses.
ESSAY
1. Discuss, define, compare, and contrast the four major tests of insanity. Which one do
you think is best? Be sure to explain your position.
2. What are the two major approaches to the entrapment defense? Which one do you
think is best? Be sure to explain your position.
Chapter 6: Defenses to Criminal Liability: Excuse
3. What impact did the acquittal of John Hinckley have on the insanity defense in the
U.S.? Be sure to provide examples.
4. What are syndrome excuses? Why should they be taken seriously?
5. Why is entrapment a defense? Compare and contrast the two tests of entrapment.