Copyright Cengage Learning. Powered by Cognero.
Page 12
42. Under the “substantial capacity” test, the “volitional” part of the rule refers to the ability to
control one’s conduct even if it is known to be wrong, and requires:
a. proof that defendant was not insane.
b. proof that defendant was sane.
c. expert testimony.
d. only a showing of lack of substantial capacity.
43. If Tommy did not have the mental capacity or the ability to formulate the necessary criminal
intent or understanding that he committed a crime, then Tommy would:
a. not be prosecuted.
b. be prosecuted as a child.
c. be prosecuted based on diminished capacity.
d. be prosecuted as an adult.
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 the:
a. left and right test.
b. moral and immoral test.
c. good and bad test.
d. right and wrong test.
Copyright Cengage Learning. Powered by Cognero.
Page 13
45. The _____ rule, which may be used in Scott’s defense, requires proof that because of mental
disease or defect, defendants did not know the scope or character of their actions.
a. M’Naghten
b. Naghten
c. Maghten
d. M’Naten
46. Another test, the ____, which also might be used in Scott’s trial, is based on whether the
defendant could (1) distinguish between right and wrong, or (2) conform his or her conduct to
the requirements of law.
a. capacity test
b. substantial capacity test
c. substantial test
d. test of capacity
47. Scott’s ability to cooperate with his attorneys and the ability to understand the charges and
proceedings against him 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.
Copyright Cengage Learning. Powered by Cognero.
Page 14
48. Scott’s attorney could seek to introduce evidence showing that because of mental or
emotional conditions, Scott did not possess the required mens rea for conviction of the crime
charged. This is referred to as: diminished ______ defense.
a. competence
b. incompetent
c. capacity
d. incapacity
49. Scott 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.
50. A defendant of questionable competency can be tried for a criminal violation as long as he or
she has a competent attorney who is experienced in representing the mentally ill.
a. True
b. False
51. Subjecting the accused to a tortuous ordeal is referred to as trial by:
a. ordeal.
b. jury.
c. combat.
d. judgement.
Copyright Cengage Learning. Powered by Cognero.
Page 15
52. Having the accused and the accuser fight one another to decide guilt or innocence is referred
to as trial by:
a. ordeal.
b. jury.
c. battle.
d. judgement.
53. Superstition played a role in ancient England and 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?
Copyright Cengage Learning. Powered by Cognero.
Page 16
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
Copyright Cengage Learning. Powered by Cognero.
Page 17
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 to
convict:
a. child defendants.
b. the mentally incompetent.
c. the elderly.
d. the innocent.
61. ________ below a certain age 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.
Copyright Cengage Learning. Powered by Cognero.
Page 18
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. ____________ is almost never the basis for the successful assertion of the insanity defense.
Copyright Cengage Learning. Powered by Cognero.
Page 19
68. Most states place the burden of proof on the ___________ on the issue of being incompetent
to stand trial.
69. _________ requires persons charged with crimes to be given an opportunity to assist in their
own defense.
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 a/an ____.
Copyright Cengage Learning. Powered by Cognero.
Page 20
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 ____.
Essay
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. Discuss the differences between the M’Naghten rule and the “substantial capacity” test.
Which test has a stricter requirement?
Copyright Cengage Learning. Powered by Cognero.
Page 21
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. Discuss the diminished capacity defense and the circumstances under which a defendant may
argue it successfully.
83. Describe the test for competency to stand trial and what happens to a defendant who is found
incompetent.
Copyright Cengage Learning. Powered by Cognero.
Page 22
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.