Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
CHAPTER ELEVEN
QUESTIONS
1. The Romans appointed a guardian to safeguard the property of people who were mentally
disabled. Such individuals were known as
a. wards
b. legions
c. curators
d. exorcists
2. During the middle ages in England, the De Praerogativa Regis (the "Prerogative of the King")
was enacted which divided people with mental disability into two classes. These two
classes were
a. idiots and lunatics
b. demons and devils
c. domestics and non-domestics
d. infants and adults
3. Legislatures in almost all states have made the age of majority to be
a. 21
b. 18
c. 16
d. 14
4. A contract entered into by a minor is
a. void
b. voidable
c. null
d. enforceable
5. Persons who are suffering from an incapacity can __________ void a contract
a. usually
b. always
c. never
d. almost always
6. “Testamentary capacity” refers to the ability to
a. testify in court
b. be a witness to a will
c. make a will
d. qualify as an expert
7. When a will is contested, it is usually under two circumstances. These are
a. insanity and family pressure
b. mental retardation and insanity
c. intoxication and family pressure
d. lack of testamentary capacity and undue influence
8. An attempt to determine if a deceased person had the capacity to make a will is called a(n)
a. testamentary autopsy
b. forensic autopsy
c. reconstruction autopsy
d. investigatory probate
9. The process by which a fully informed patient can participate in choices about his or her
health care is called
a. testator consent
b. a living will
c. interventional consent
d. informed consent
10. In the civil justice system there are two primary means of protecting adult individuals who
are incompetent to make vital decisions for themselves, these are
a. guardianship and conservatorship
b. ward of the court and conservatorship
c. ward of the court and guardianship
d. ward of the court and parens patriae
11. The government’s _______________ authorizes the state to protect the community and to
incarcerate individuals who are threats to the public or who have committed crimes
a. parens patriae power
b. guardianship power
c. police power
d. executive power
12. The government’s _______________ authority operates as the general guardian of all
those who cannot care for themselves
a. parens patriae
b. guardianship
c. police
d. executive
13. A defendant's ability to function in a meaningful fashion in a legal proceeding is called
a. judicial competence
b. competence to stand trial
c. procedural competence
d. competence to testify
14. With a guilty plea, defendants waive their rights to
a. prepare an adequate defense
b. have a jury trial
c. confront accusers
d. all the above
15. In _______________ , the Supreme Court set forth a definition of competency to stand
trial that has since come to be the standard in federal court and most state
jurisdictions as well
a. Dusky v. United States
b. Drope v. Missouri
c. Sheppard v. Rees
d. O'Connor v. Donaldson
16. The _______________ is at the center of all the rights relating to patients in state
confinement.
a. right to liberty
b. right of free speech
c. right to a fair trial
d. right to privacy
17. “Every person who, under color of any statute, ordinance, regulation, custom, or usage,
of any State or Territory or the District of Columbia, subjects, or causes to be
subjected, any citizen of the United States or other person within the jurisdiction
thereof to the deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an action at law . . . .”
This is the essence of what U.S. statute?
a. United States Code Title 42 § 1983
b. United States Code Title 5 § 1965
c. United States Code Title 24 § 1965
d. United States Code Title 5 § 2009
18. Which of the following is not a constitutional right?
a. a right to liberty
b. a right to free speech
c. a right to treatment
d. a right to safety
19. The Supreme Court, in Youngberg v. Romeo, established that residents of an institution who
are mentally retarded and involuntarily committed, have a constitutional right to
a. freedom from false imprisonment
b. confront their accusers
c. waive a jury trial
d. safety, protection, and to be free from the use of unreasonable bodily restraints
20. “We hold that a person involuntarily civilly committed to a state mental hospital has a
constitutional right to receive such individual treatment as will give him a reasonable
opportunity to be cured or to improve his mental condition.” This quote was from the
Supreme Court case of
a. Dusky v. United States
b. Godinez v. Moran
c. O'Connor v. Donaldson
d. Anaya v. Crossroads Managed Care Sys., Inc.
21. The 1970 Supreme Court case of Wyatt v. Stickney described the beneficial movement of
residents of mental institutions from
a. more to less structured living
b. larger to smaller facilities
c. larger to smaller living units
d. all the above
22. Virtually every court that has considered the matter now recognizes a right to refuse
psychotropic medication for institutionalized populations under a doctrine of
a. safe confinement
b. informed consent
c. right to individualized treatment
d. humane habilitation
23. Between _______________ competency evaluations are conducted in the United States annually
a. 10,000 and 15,000
b. 15,000 and 20,000
c. 25,000 and 39,000
d. 40,000 and 59,000
24. A diagnosis that always renders a defendant incompetent is
a. schizophrenia
b. bipolar disorder
c. borderline personality disorder
d. none of the above
25. The issue of competency may be raised _______________ in/of the adjudication process
a. only at the beginning
b. only during the trial component
c. only at the sentencing component
d. at any point
26. In Sell v. United States (2003), the Supreme Court held that
a. involuntary administration of medication can be permitted in certain limited circumstances
b. involuntary administration of medication can be permitted in all federal cases
c. involuntary administration of medication can be permitted in all capital cases
d. involuntary administration of medication can never be permitted
27. A defendant’s current ability to understand and participate in the trial process is called
a. defense capacity
b. sanity
c. criminal responsibility
d. trial competency
28. A defendant’s state of mind at the time of the alleged crime is called
a. criminal capacity
b. sanity
c. criminal responsibility
d. criminal competency
29. “Insanity” is a _______________ term
a. medical
b. legal
c. psychiatric
d. none of the above
30. From the fourteenth through sixteenth centuries in England, in order to be found guilty of
an offense, an individual had to understand the difference between
a. good and evil
b. right and wrong
c. God and the Devil
d. King and commoner
31. The _______________ required that at the time a person committed an offense, he/she
was operating under a defect of reason from a disease of the mind and that such a defect
resulted in the individual not being able to recognize the nature and quality of his/her
actions, or not knowing that such actions were wrong
a. Durham test
b. irresistible impulse
c. M'Naughten test
d. Lord Bracton test
32. “A defendant is not responsible for criminal conduct where he/she, as a result of mental
disease or defect, did not possess substantial capacity either to appreciate the criminality
of his/her conduct or to conform his/her conduct to the requirements of the law.” This is
known as the
a. American Law Institute test
b. Durham test
c. Model Penal Code test
d. Lord Bracton test
33. Under the law, can a mentally incompetent prisoner be executed?
a. yes
b. no
c. only for capitol offenses
d. only for treason
34. In colonial America incompetent individuals were considered a matter left to
a. their families
b. the Church
c. the individual colonies
d. the King of England
35. The first mental hospital in America was opened in 1773 in the colony of
a. Delaware
b. Georgia
c. Vermont
d. Virginia
36. Civil commitment and the inpatient treatment of the mentally ill faced a major transformation
in the mid-1950s because of
a. psychotropic medication
b. Supreme Court decisions
c. The community mental health center movement
d. none of the above
37. This Act, passed in 1963, was representative of a widespread effort to move the locus of
treatment from isolated hospitals to patients' communities
a. The Civil Commitment Act
b. The Insanity Defense Reform Act
c. The Community Mental Health Centers Act
d. The Guilty But Mentally Ill Act
38. Most states’ inpatient commitment statutes require some combination of mental illness and
a. criminality
b. dangerousness
c. need for treatment
d. lack of medical compliance
39. An example of “assisted outpatient treatment” is
a. Kendra’s Law
b. New York’s Deinstitutionalization Law
c. the Treatment Advocacy Act
d. the Torry Act
40. Critics of assisted outpatient commitment state that such laws
a. abandon the dangerousness criteria for civil commitment
b. promote unwarranted inpatient commitment of those who do not meet civil commitment
criteria
c. undermine important individual liberties by diluting the right to refuse treatment
d. all the above
Chapter 11 ANSWERS
