Criminal Law 12th Edition by Thomas J. Gardner - Test Bank

Criminal Law 12th Edition by Thomas J. Gardner – Test Bank

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Sample Questions Are Posted Below

True / False
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
ANSWER: True
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
2. The Washington Supreme Court identified eight factors to consider in determining capacity.
a. True
b. False
ANSWER: False
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Remember
3. The two prongs of the M’Naghten rule include cognitive and moral incapacity.
a. True
b. False
ANSWER: True
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
4. The M’Naghten rule applies only if the defendant knew the nature of his acts and that they were wrong.
a. True
b. False
ANSWER: False
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
5. The substantial capacity test applies whenever the defendant cannot “appreciate” the nature of his acts, or that
they were wrong, a lesser requirement.
a. True
b. False
ANSWER: True
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Remember
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
ANSWER: True
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
7. Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense.
a. True
b. False
ANSWER: True
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Remember
8. A verdict of not guilty by reason of insanity results in a conviction of the defendant.
a. True
b. False
ANSWER: False
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
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
ANSWER: True
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
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
b. False
ANSWER: True
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
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. a child under that age lacks the capacity to commit a crime
b. a child under that age would not commit a crime
c. a child under that age does not want to commit a crime
d. a child under that age has the capacity to commit a crime
ANSWER: a
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
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
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
13. Under which of the following circumstances 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
ANSWER: a
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Remember
14. The first prong of the M’Naghten rule
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
15. The common law established the lowest age of criminal responsibility at age
a. 5
b. 7
c. 14
d. 18
ANSWER: b
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
16. At what age do most states infer that individuals are competent and capable of committing a crime?
a. 5
b. 7
c. 14
d. 18
ANSWER: c
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
17. In some states there is a _____ 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
ANSWER: d
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.02 – 05.02
KEYWORDS: Bloom’s: Remember
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
ANSWER: b
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.02 – 05.02
KEYWORDS: Bloom’s: Remember
19. The second prong requires
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
ANSWER: b
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
20. The M’Naghten rule differs from the substantial capacity test primarily on the of the defendant’s understanding of
events that made up the crime charged.
a. magnitude
b. capacity
c. logicality
d. quality
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Remember
21. How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?
a. almost never
b. never
c. almost always
d. always
ANSWER: a
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Remember
22. A defendant of questionable competency should not be tried for a criminal violation because
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. all of these answers are correct
ANSWER: d
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
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
ANSWER: c
REFERENCES: The Insanity Defense
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
24. What is the name of the test which combines cognitive incapacity and moral incapacity?
a. The M’Naghten test
b. The “right and wrong” test
c. The Product rule
d. The “Substantial Capacity” Test
ANSWER: a
REFERENCES: The Insanity Defense
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
25. What is the name of the test which focuses on volitional incapacity?
a. The M’Naghten test
b. The “right and wrong” test
c. The Product rule
d. The “Substantial Capacity” Test
ANSWER: d
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Remember
26. What is the name of the test which focuses on the product-of-mental illness?
a. The M’Naghten test
b. The “right and wrong” test
c. The “Substantial Capacity” Test
d. none of these answers is correct
ANSWER: d
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Remember
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
d. may receive any sentence that could be imposed for that crime
ANSWER: d
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
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
ANSWER: b
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
29. Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty 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. All of these are required for a defendant to be found guilty but mentally ill
ANSWER: d
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
30. In what recent case did the U. S. Supreme Court hold that a mentally retarded person could not be subject to the
death penalty?
a. Atkins v. Virginia
b. Pruit v. State
c. State v. Ramer
d. Foucha v. Louisiana
ANSWER: a
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
31. Which of the following are factors to consider 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. all of these are factors to consider
ANSWER: d
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
32. To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and
a. speak and understand English
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
ANSWER: d
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
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
ANSWER: a
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
34. In Jackson v. Indiana, the U.S. 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
ANSWER: c
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
35. Courts generally have held that partial amnesia
a. does not render the defendant incompetent to stand trial
b. renders a defendant incompetent to stand trial permanently
c. renders a defendant incompetent to stand trial until their memory returns
d. denies the defendant a fair trial and violates due process
ANSWER: a
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
36. What insanity test emerged from the M’Naghten case?
a. the “right and wrong” test
b. the substantial capacity test
c. the product-of-mental illness test
d. the defect of character test
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
37. Which of the following may be the basis for finding a person incompetent to stand trial?
a. mental illness
b. mental retardation
c. physical illness
d. all of these answers are correct
ANSWER: d
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
38. A verdict of not guilty by reason of insanity results in
a. dismissal of the charges
b. incarceration of the defendant
c. hospitalization of the defendant
d. a suspended sentence for the defendant
ANSWER: c
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
39. In most states the defendant’s voluntary intoxication or drug use may serve as the basis for a claim
a. of diminished capacity
b. of not guilty by reason of insanity
c. of guilty but insane
d. of guilty but mentally ill
ANSWER: a
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Remember
40. Which of the following 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. none of these answers are correct
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Remember
Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair of $120 Nike shoes. The
store’s loss prevention catches him and calls the police.
41. The police may consider charging Tommy with theft/shoplifting because
a. They can’t charge him because he’s too young
b. They may consider charging him because 14 years old is the age of reason for most states.
c. Since he’s 14 years old, he will only be charged in adult court
d. The courts in every state say a person will be charged with a crime if they are 14 years of age or older,
regardless of the circumstances and regardless of the child’s intellect, etc.
ANSWER: b
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Apply
42. In most states, if Tommy was under the age of ______ he couldn’t be charged with a crime.
a. 14
b. 12
c. 10
d. 8
ANSWER: b
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Apply
43. If Tommy did not have the mental capacity or the ability to formulate the necessary criminal intent or understanding
that he/she committed a crime, then Tommy
a. would not be prosecuted
b. would be prosecuted as a child
c. would be prosecuted based on diminished capacity
d. would be prosecuted as an adult
ANSWER: a
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN:15.05.07 – 05.07
KEYWORDS: Bloom’s: Apply
Scott “too tough” Rudy finds out that his girlfriend is cheating on him with his best friend. Scott “too tough” goes
over to his best friend’s house and finds his girlfriend is there and is engaged in sexual acts with his best friend.
Scott “too tough” takes out his gun and shoots and kills both of them. Scott is arrested and charged with two
counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as
his defense.
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
a. Left and right test
b. Right and not right test
c. Wrong and not right test
d. Right and wrong test
ANSWER: d
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN:15.05.03 – 05.03
KEYWORDS: Bloom’s: Apply
45. The insanity defense rule, which could be used at Scott’s trial, which requires proof that because of mental disease or
defect defendants did not know the scope or character of their actions, is called
a. M’Naghten rule
b. Naghten rule
c. Maghten rule
d. M’Naten rule
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN:15.05.03 – 05.03
KEYWORDS: Bloom’s: Apply
46. Another test, which could be used in Scott’s trial, to determine criminal responsibility based on whether the
defendant could (1) distinguish between right and wrong or (2) conform his or her conduct to the requirements of
law, is called
a. Capacity test
b. Substantial capacity test
c. Substantial test
d. Test of capacity
ANSWER: b
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Apply
Scott “too tough” Rudy finds out that his girlfriend is cheating on him with his best friend. Scott “too tough” goes
over to his best friend’s house and finds his girlfriend is there and is engaged in sexual acts with his best friend.
Scott “too tough” takes out his gun and shoots and kills both of them. Scott is arrested and charged with two
counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as
his defense.
47. Scott “too tough” must have the ability to cooperate with his attorneys and the ability to understand the charges and
proceedings against him. This 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
ANSWER: a
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Apply
48. Scott’s attorney could seek to introduce evidence showing that because of mental or emotional conditions, the Scott
did not possess the required mens rea for conviction of crime charged. This is referred to as
a. Diminished competence defense
b. Diminished incompetent defense
c. Diminished capacity defense
d. Diminished incapacity defense
ANSWER: c
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Apply
49. Scott’s attorney could present the “substantial capacity,” which (1) distinguishes between right and wrong or (2)
conform his conduct to the requirements of law. This is referred to as
a. Model Code test
b. Penal Model test code
c. Model Penal Code “substantial capacity” test
d. Substantial code test
ANSWER: c
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Apply
50. Scott “too tough’ 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
ANSWER: a
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Apply
51. Subjecting the accused to a tortuous ordeal is referred to as
a. trial by ordeal
b. trial by jury
c. trial by combat
d. trial by judgement
ANSWER: a
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
52. Having the accused and the accuser fight one another to decide guilt or innocence is referred to as
a. trial by ordeal
b. trial by jury
c. trial by battle
d. trial by judgement
ANSWER: c
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
53. Superstition played a role in ancient England in in colonial America in accusing, mostly women, of
a. being agnostic
b. praying to God
c. practicing witchcraft
d. crimes against humanity
ANSWER: c
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
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
ANSWER: c
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
55. Which is not one of the factors the Washington Supreme Court identified in determining capacity?
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
ANSWER: c
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
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
ANSWER: a
REFERENCES: The Criminal Liability of Corporations
LEARNING OBJECTIVES: CRLA.GAAN.15.05.08 – 05.08
KEYWORDS: Bloom’s: Remember
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
ANSWER: a
REFERENCES: The Criminal Liability of Corporations
LEARNING OBJECTIVES: CRLA.GAAN.15.05.08 – 05.08
KEYWORDS: Bloom’s: Remember
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
ANSWER: a
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.08 – 05.08
KEYWORDS: Bloom’s: Remember
59. Due process is only possible if the defendant is
a. educated
b. competent
c. argumentative
d. innocent
ANSWER: b
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.08 – 05.08
KEYWORDS: Bloom’s: Remember
60. The Supreme Court has repeatedly maintained that it is a violation of due process to try and convict
a. child defendants
b. the mentally incompetent
c. the elderly
d. the innocent
ANSWER: b
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.08 – 05.08
KEYWORDS: Bloom’s: Remember
Completion
61. Children below a certain ____ cannot be convicted of a crime.
ANSWER: age
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
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.
ANSWER: mental
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.02 – 05.02
KEYWORDS: Bloom’s: Remember
63. The first prong of the M’Naghten rule is called the ____ capacity prong.
ANSWER: cognitive
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
64. The substantial capacity test applies whenever the defendant cannot “______” the nature of his acts, or that they
were wrong.
ANSWER: appreciate
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.04 – 05.04
KEYWORDS: Bloom’s: Remember
65. In addition to the traditional insanity verdict, some states have provided for the verdict of ___________ but
mentally ill.
ANSWER: guilty
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
66. A person found not guilty by reason of insanity cannot be tried again because of the Constitutional provision
against double ___________.
ANSWER: jeopardy
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
67. Voluntary intoxication or drug use is almost___ the basis for the successful assertion of the insanity defense.
ANSWER: never
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Remember
68. Most states place the burden of proof on the ___________ on the issue of being incompetent to stand trial.
ANSWER: defendant
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
69. A verdict of not guilty by reason of insanity results in an ____ of the defendant; a verdict of guilty but mentally ill is
a conviction.
ANSWER: acquittal
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Remember
70. A person who lacks ____ does not have the ability to understand what is happening at trial.
ANSWER: competency
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Remember
71. A test used to determine criminal responsibility in ancient England where the defendant was subjected to tortuous
ordeal was called ___.
ANSWER: trial by ordeal
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
72. The second prong of the M’Naghten rule is called the ____ capacity prong.
ANSWER: moral
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
73. A person who has not yet reached the age of majority is called an ____.
ANSWER: infant
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Remember
74. Tests to determine legal and moral liability are called ____.
ANSWER: insanity tests
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Remember
75. A legal entity created under the laws of a state or the federal government is called a ____.
ANSWER: corporation
REFERENCES: The Criminal Liability of Corporations
LEARNING OBJECTIVES: CRLA.GAAN.15.05.08 – 05.08
KEYWORDS: Bloom’s: Remember
Essay
76. Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.
ANSWER: N/A
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN.15.05.02 – 05.02
KEYWORDS: Bloom’s: Understand
77. Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal
statutes.
ANSWER: N/A
REFERENCES: Ancient Concepts of Criminal Responsibility
LEARNING OBJECTIVES: CRLA.GAAN:15.05.01 – 05.01
KEYWORDS: Bloom’s: Understand
78. What are the differences between the M’Naghten rule and the “substantial capacity” test? Which test has a
stricter requirement?
ANSWER: N/A
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN:15.05.04 – 05.04
KEYWORDS: Bloom’s: Understand
79. What are the two prongs of the M’Naghten rule? Explain the “right and wrong” test that emerged from the
M’Naghten case.
ANSWER: N/A
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.03 – 05.03
KEYWORDS: Bloom’s: Understand
80. Explain why a defendant of questionable competency should not be tried for a criminal violation.
ANSWER: N/A
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Understand
81. Explain the plea of “guilty but mentally ill.” Why have some states enacted such statutes and how do they work?
ANSWER: N/A
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Understand
82. What is the diminished capacity defense and under what circumstances can or cannot a defendant argue it
successfully?
ANSWER: N/A
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.05 – 05.05
KEYWORDS: Bloom’s: Understand
83. What is the test for competency to stand trial and what happens to a defendant who is found incompetent?
ANSWER: N/A
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Understand
84. Explain the difference between a verdict of not guilty by reason of insanity and a verdict of guilty but mentally ill.
ANSWER: N/A
REFERENCES: Tests Used to Determine Insanity
LEARNING OBJECTIVES: CRLA.GAAN.15.05.06 – 05.06
KEYWORDS: Bloom’s: Understand
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.
ANSWER: N/A
REFERENCES: The Requirement of Competency to Stand Trial
LEARNING OBJECTIVES: CRLA.GAAN.15.05.07 – 05.07
KEYWORDS: Bloom’s: Understand