Knowing right from wrong is to ________ as unlawful act was the product of mental disease is to
________.
A) Durham Rule; M'Naughten Rule B) M'Naughten Rule; Durham Rule
C) irresistible impulse; Durham Rule D) M'Naughten Rule; irresistible impulse
Question 2Darryl has schizophrenia, disorganized type. He has visual hallucinations, and one day he saw a giant bug
standing in from of him. He picked up a large knife and stabbed it.
In reality, Darryl stabbed his mother
who had come to tell him dinner was ready. His lawyer argues that Darryl cannot be found guilty because
he had no idea what he was doing or that it was wrong. His lawyer is arguing the
A) American Law Institute standard. B) irresistible impulse rule.
C) Durham rule. D) M'Naughten rule.
Question 3People who are mentally ill but were not successful using the insanity defense
A) can never be executed.
B) can be executed unless it can be proved on appeal that execution would be cruel and unusual
punishment because of their mental illness.
C) can be executed and cannot use their mental illness for an appeal because they were unsuccessful using
that issue at trial.
D) can only be executed after treatment has been provided.
Question 4The insanity defense is employed in ________ percent of capital cases in the United States.
A) 33 B) less than two C) 20 D) roughly 10-15
Question 5A typical defense strategy, to try to counteract public anger about the insanity defense, is to
A) portray the defendant as someone who was themselves a victim.
B) portray the victim as negatively as possible.
C) portray the defendant as tremendously likeable.
D) portray the defendant as suffering terribly from their mental illness.
Question 6Why should defense lawyers be cautious about using the insanity defense?
A) Most defendants feign mental illness in order to escape punishment.
B) Hospitalization is not an appropriate consequence for those who have committed violent crimes.
C) No reason it is frequently successful.
D) It rarely works.
Question 7An attorney says, My client has a mental disorder that made it impossible, at the time of the crime, to
have intended to do harm. Because of this, he is not legally responsible for his actions. The attorney is
arguing for
A) the Tarasoff principle. B) deinstitutionalization of his client.
C) an insanity defense. D) involuntary commitment.
Question 8What was unusual about the Hinckley case?
A) He used the insanity defense.
B) He was successful in pleading the insanity defense.
C) His petitions for release have been consistently denied.
D) The public believed that he did not need to pay for his crime.