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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 primary goal of juvenile courts is the rehabilitation of delinquent youths.
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 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.
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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
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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
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 child under that age:
a. lacks the capacity to commit a crime.
b. would not commit a crime.
c. does not want to commit a crime.
d. 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.
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13. Under which circumstance 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 requires a showing the defendant:
a. did know what he was doing.
b. did not know what he was doing was wrong.
c. did not know what he was doing.
d. knew what he was doing was wrong.
15. The lowest age of criminal responsibility established by common law was at the age of
_____ years old.
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
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d. 18
17. In some states there is a/an _____ 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 of the M’Naghten rule requires a showing that the defendant:
a. did know what he was doing.
b. did not know what he was doing was wrong.
c. did not know what he was doing.
d. knew what he was doing was wrong.
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20. Under the civil law, an infant (child) is a person who has not yet reached the age of majority,
which, depending on the jurisdiction may be as old as 21 years of age.
a. True
b. False
21. Voluntary intoxication or drug use as the basis for the successful assertion of the insanity
defense is _____ used.
a. almost never
b. never
c. almost always
d. always
22. A defendant of questionable competency should not be tried for a criminal violation for all of
the following reasons except:
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. justice is blind to such problems.
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.
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24. The test which combines cognitive incapacity and moral incapacity is the:
a. M’Naghten test.
b. “Substantial Incapacity” test.
c. Product rule.
d. “Substantial Capacity” test.
25. The test which focuses on volitional incapacity is the:
a. M’Naghten test.
b. “right and wrong” test.
c. Product rule.
d. “Substantial Capacity” test.
26. The test which focuses on the product-of-mental illness is the:
a. M’Naghten test.
b. “right and wrong” test.
c. “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.
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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 does not apply for a defendant to be found guilty beyond a reasonable doubt 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. The defendant was sane but not mentally ill at the time offense was committed
30. The US Supreme Court held that a mentally retarded person could not be subject to the death
penalty in______.
a. Atkins v. Virginia
b. Pruit v. State
c. State v. Ramer
d. Foucha v. Louisiana
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31. Which is not a factor 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. If the child does well in school
32. To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense
counsel and:
a. pass a literacy test.
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 US 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.
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35. Under the “substantial capacity” test, the “cognitive” part of the rule is satisfied:
a. only if the defendant knew what he had done.
b. even if the defendant knew what he had done, but lacked the substantial capacity
to appreciate that what he had done was wrong.
c. if the defendant knew what he had done, and could appreciate that what he had
done was wrong.
d. only if the defendant did not know what he had done.
36. The _______ test emerged from the M’Naghten case.
a. “right and wrong” test
b. substantial capacity test
c. product-of-mental illness test
d. defect of character test
37. Which is not a basis for finding a person incompetent to stand trial?
a. Mental illness
b. Mental retardation
c. Physical illness
d. Inability to hire an attorney
38. A verdict of not guilty by reason of insanity results in:
a. dismissal of the charges.
b. incarceration of the defendant.
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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 of:
a. diminished capacity.
b. not guilty by reason of insanity.
c. guilty but insane.
d. guilty but mentally ill.
40. Which statement 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. All of these choices.
41. The police:
a. can’t charge him with theft/shoplifting because he’s too young.
b. may consider charging him with theft/shoplifting because 14 years old is the age
of reason for most states.
c. will automatically charge him for theft/shoplifting in adult court.
d. will charge him with a crime since he is 14 years old, regardless of circumstances.