1. _____ is defendant is not held liable for an offense involving “knowledge or purpose.” Increasingly not recognized as a defense.
Answer
Correct Answer:
voluntary intoxication
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2. Is substantial capacity test a person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the criminality (wrongfulness) of his or her conduct or to conform his or her conduct to the requirements of law?
Answer
Correct Answer:
True
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3. _____ is known as an opinion issued by the court as an “institution” as opposed to a decision issued by a single judge.
Answer
Correct Answer:
per curiam
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4. _____ is defined as a disease or defect of the mind that results in an individual’s either not knowing that what he or she was doing was right or wrong or not knowing what he or she was doing.
Answer
Correct Answer:
M’Naghten test
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5. _____ is an error of law, with isolated exceptions, is not a defense.
Answer
Correct Answer:
mistake of law
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6. Is mistake of fact defense based on mistake of fact that negates a specific criminal intent, knowledge, or purpose?
Answer
Correct Answer:
True
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7. _____ is known as mental disease that causes the defendant to lose the ability to choose between right and wrong and avoid engaging in criminal acts.
Answer
Correct Answer:
irresistible impulse test
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8. _____ is defined as a defense to criminal offenses where the defendant meets the standard for mental illness in the state.
Answer
Correct Answer:
involuntary intoxication
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9. _____ is a legal excuse based on a mental disease or defect.
Answer
Correct Answer:
insanity defense
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10. Is infancy at common law there was an irrebuttable presumption that children younger than 7 lack criminal intent. In the case of children older than 7 and younger than 14, there was a rebuttable presumption of a lack of capacity to form a criminal intent. Individuals older than 14 were considered to possess the same capacity as an adult?
Answer
Correct Answer:
True
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11. _____ is ignorance of the law is no excuse.
Answer
Correct Answer:
ignorantia legis non excusat
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12. Is guilty but mentally ill (GBMI) the defendant found to be guilty and mentally ill at the time of the criminal offense. The defendant is provided with psychiatric care while incarcerated. This is distinguished from a verdict of not guilty by reason of insanity (NGRI)?
Answer
Correct Answer:
True
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13. _____ is known as defenses in which defendants admit wrongful conduct while claiming a lack of legal responsibility based on a lack of a criminal intent or the involuntary nature of their acts.
Answer
Correct Answer:
excuses
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14. _____ is defined as defense either based on governmental inducement of an otherwise innocent defendant to commit a crime (subjective test) or based on governmental conduct that falls below accepted standards and would cause an innocent individual to commit a criminal offense (objective test).
Answer
Correct Answer:
entrapment
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15. _____ is a defendant’s unlawful act is the product of a mental disease or defect.
Answer
Correct Answer:
Durham product test
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16. Is duress a crime is excused when committed to avoid what is reasonably believed to be the imminent infliction of serious physical harm or death?
Answer
Correct Answer:
True
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17. _____ is known as mental disease or defect admissible to demonstrate defendant’s inability to form a criminal intent; typically limited to murder.
Answer
Correct Answer:
diminished capacity
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18. _____ is defined as a defendant is competent to stand trial if he or she is able to intelligently assist his or her attorney and to follow and understand the trial.
Answer
Correct Answer:
competence to stand trial
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19. _____ is a procedure for detaining psychologically troubled individuals who pose a danger to society.
Answer
Correct Answer:
civil commitment
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20. Is abuse excuse criminal defense that claims a lack of criminal responsibility based on past abuse or experiences?
Answer
Correct Answer:
True
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21. Which of the following is a common criticism of the insanity defense?
Answer
Correct Answer:
It is biased for wealthy defendants.
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22. In a state that uses the old common law rule for infancy/youth, a fifteen year-old is on trial for murder. Given normal circumstances (i.e. the boy is of reasonable intelligence for his age) his lawyer can reasonably hope to argue that his client was too young to form intent.
Answer
Correct Answer:
True
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23. A defendant is on trial for burglary to commit robbery and his lawyer argues the insanity defense. The lawyer presents evidence and expert testimony that defendant did not have the ability to know that his actions were illegal, yet the lawyer did not feel the need to prove that this occurred due to any kind of mental illness or defect. The jurisdiction in which this case was tried most likely uses which test for insanity?
Answer
Correct Answer:
Model Penal Code standard
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24. A man was driving home by means of the same route he had taken for ten years. He is pulled over and told that he was going 45 mph in a 35 mph zone. He tells the officer that he was in a 45 zone and was thus not exceeding the limit. The officer responds that the speed limit was changed that morning and that a sign was posted as such. The driver contests the ticket in court arguing that he was not given proper notification of the change and that he did not notice the new sign since he was so used to the route. Does he have a case?
Answer
Correct Answer:
No, the city did provide notice with the new sign.
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25. A man is driving downtown when he notices some women congregated on a street corner. He pulls up and realizes they are prostitutes. He decides to pick one up and does so. Once the transaction is arranged the prostitute informs him that she is an undercover officer and he is under arrest for solicitation of prostitution. At trial he argues entrapment. Should this defense succeed?
Answer
Correct Answer:
No, there is nothing abnormal about seeing and being able to pick up a prostitute.
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26. A man receives a letter in the mail that tells him to go to the nearby bank, rob it for at least $50,000, and leave the money at a certain location within one week, “or else.” Two days later the man proceeds to rob the bank and is arrested. At trial his lawyer argues duress. Can this defense be expected to succeed?
Answer
Correct Answer:
No, the threat was vague and not imminent.
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27. Which of the following would be the “best” instance in which to use the involuntary intoxication defense?
Answer
Correct Answer:
Defendant’s glass of wine was spiked with a hallucinogenic drug.
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28. A group of students were rallying in front of a courthouse in opposition to a recent court decision. They were arrested for doing so and convicted of the appropriate crime. They had obtained permission before commencing their group activity from the local police department. Their convictions may be overturned on what basis?
Answer
Correct Answer:
Mistake of law
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29. The irresistible impulse test requires a jury to find a defendant not guilty by reason of insanity if jurors find the defendant possessed a mental defect that prevented him from curbing the criminal conduct.
Answer
Correct Answer:
True
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30. Which test for insanity is most commonly used?
Answer
Correct Answer:
M’Naghten rule
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31. All of the following are considered to be new defenses except ______.
Answer
Correct Answer:
Road rage
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32. All of the following are criticisms of entrapment EXCEPT ______.
Answer
Correct Answer:
It is good to catch anyone who has the inclination to commit crime when prompted
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33. The burden of proof is on the prosecution to prove insanity by clear and convincing evidence.
Answer
Correct Answer:
False
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34. If a defendant proves at trial beyond a reasonable doubt that she was involuntarily intoxicated, the case should result in essentially an automatic acquittal.
Answer
Correct Answer:
False
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35. The term “insanity” is a legal term that originated from the courts and is not used in the practice of psychiatry.
Answer
Correct Answer:
True
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Contemporary Criminal Law (U.S.) MCQs | Topic-wise
