Flashcards
Untitled
Cards in this deck (15)
- 1What is the name of the right-wrong test of insanity?((a. the McNaughtan rule))
b. the Durham rule
c. the McDonough rule
d. the Althusser rule - 2Under the McNaughtan test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not knowa. that the behavior was against the law
b. the identity of the victim
c. that he had a mental disease or defect
((d. the nature and quality of the act)) - 3Which test of insanity focuses on the defendant’s inability to control their conduct?a. Durham
((b. irresistible impulse))
c. right-wrong
d. McNaughtan - 4Which test of insanity from the Model Penal Code incorporates both the appreciation and control components of other tests?a. Durham
b. McNaughtan
((c. substantial capacity))
d. irresistible impulse - 5Defendants who receive a “not guilty by reason of insanity” verdict are((a. often sent to mental institutions for many years))
b. treated very leniently
c. generally faking insanity
d. quickly released from custody - 6At common law, children above what age were presumed to have the same capacity for criminal intent as adults?a. 7
b. 10
c. 12
((d. 14)) - 7What legal term applies when a juvenile court gives up jurisdiction over a juvenile and transfers the case to the adult criminal court?a. venue
((b. waiver))
c. sentencing
d. adjudication - 8In the majority of states, duress is not a defense fora. serious felonies
b. misdemeanors
c. theft
((d. murder)) - 9Which of the following is not an excuse for committing a crime?((a. voluntary intoxication))
b. involuntary intoxication
c. insanity
d. duress - 10Waivers to adult court come in three varieties. Which of the following is not one of those varieties?a. judicial
b. prosecutorial
c. legislative
((d. executive)) - 11The defense of duress consists of four elements: the (1) nature of the threat, (2) immediacy of the threat, (3) crimes the defense applies to, and((a. level of belief regarding the threat))
b. lack of belief regarding the threat
c. existence of the belief regarding the threat
d. there are only three elements - 12Marissa is at a party when her friend, John, hands her a glass filled with liquid. She asks her friend what is in it and John tells her it contains beer. Marissa drinks the beer which is also laced with LSD. While intoxicated she believes that John is trying to kill her and stabs him with a kitchen knife killing him. What excuse would Marissa likely use if she is tried for murder?a. consent
b. voluntary intoxication
c. justification
((d. involuntary intoxication)) - 13Steve is eight years old and was walking home from school when a twelve-year-old neighbor boy (Joey) tells him he has candy at his house and to come over and eat some with him. Steve goes to Joey’s house where he eats candy with Joey. After they are done eating Joey takes out a knife and stabs Steve eight times in the chest killing him. At common law, Joey woulda. have no criminal capacity
b. automatically have the same capacity as an adult
((c. be presumed to have no criminal capacity, but the presumption could be overcome))
d. be transferred into adult court via a judicial waiver - 14Tony is playing basketball with some friends. A stranger walks onto the basketball court and pulls out a gun. The stranger tells Tony to take all of his friends' money and give it to him or he will shoot him. Tony takes the wallets from his friends and gives the stranger their money. What would prevent Tony from being charged with a crime?((a. the defense of duress))
b. the defense of consent
c. the defense of insanity
d. the defense of diminished capacity - 15The objective entrapment test is available for a defendant who can show the governmenta. provided an opportunity for an insane individual to commit a crime
b. caused a predisposed person to commit a crime
((c. caused an otherwise reasonable and law-abiding person to commit a crime))
d. provided an opportunity for a person predisposed to commit a crime
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- Flashcards on Untitled, created by Amberlynn Nelson on 28/10/2021.
- Created by
- Amberlynn Nelson · Oct 2021
- Updated
- Oct 28, 2021
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