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Question 1
Hannibal is a psychologist who has recently been diagnosed with a split personality disorder. When he is exhibiting his ordinary personality, Hannibal is harmless. However, when he is exhibiting his alternative personality, he believes that he is a CIA agent who must kill the Russian spies that gather in the local bar a few blocks from Hannibal's house. One night, Hannibal enters the bar and orders a drink. He strikes up a conversation with one of the other customers but soon they begin arguing. A fight soon breaks out and Hannibal hits the other customer over the head with a chair, killing him instantly. During Hannibal's murder trial, the prosecution proves that Hannibal was exhibiting his ordinary personality when the fight broke out and that the reason he killed the customer was because the customer had insulted him. If Hannibal tried to mount an insanity defense, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The general rule is that a mental impairment by itself is not enough for acquittal based on an insanity defense. In other words, a defendant is not guaranteed an acquittal simply because he has a mental impairment. Rather the impairment must also have created a certain effect on the defendant's mental condition at the time he committed the crime. In this case, Hannibals impairment did not affect his mind at the point when he committed the crime he committed because he was not under the control of his "alternative personality" when he committed the murder. That being the case, Hannibal will be convicted and D is the correct answer.
Incorrect! The general rule is that a mental impairment by itself is not enough for acquittal based on an insanity defense. In other words, a defendant is not guaranteed an acquittal simply because he has a mental impairment. Rather the impairment must also have created a certain effect on the defendant's mental condition at the time he committed the crime. In this case, Hannibals impairment did not affect his mind at the point when he committed the crime he committed because he was not under the control of his "alternative personality" when he committed the murder. That being the case, Hannibal will be convicted and D is the correct answer.
Question 2
Hannibal has just been arrested and charged with committing several murders, rapes and assaults over a three-year period. At the trial, Hannibal raises an insanity defense and he brings in expert witnesses who testify that Hannibal is a certifiable psychopath who's pent up rage and frustration leads him to commit acts of extreme violence. If Hannibal can prove that he is a psychopath, he will probably be:
Correct
Incorrect!
Correct Not all mental impairments can form the basis of an insanity defense. Things like psychosis and schizophrenia and mental retardation can theoretically be the basis for an insanity defense. However, psychopathic behavior cannot be. That being the case, Hannibal will be convicted, regardless of how persuasive the expert testimony is and B is the correct answer.
Incorrect! Not all mental impairments can form the basis of an insanity defense. Things like psychosis and schizophrenia and mental retardation can theoretically be the basis for an insanity defense. However, psychopathic behavior cannot be. That being the case, Hannibal will be convicted, regardless of how persuasive the expert testimony is and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Hannibal has just been arrested and charged with committing several murders, rapes and assaults over a three-year period. At the trial, Hannibal tries to raise an insanity defense and he brings in expert witnesses to testify that he is, in fact, insane. If Hannibal is being tried in a jurisdiction that required proof that he has a cognitive mental impairment in order to determine insanity, Hannibal will have to:
Correct
Incorrect!
Correct
Incorrect!
Correct Under the M'Naghten Rule, the defendant must be found not guilty by reason of insanity if, due to his mental impairment, he either did not know the nature and quality of his act, or he did not know that the act was wrong at the time he committed it. In other words, the defendant will be found not guilty by reason of insanity if he cognitively did not know right from wrong or if he could not appreciate the consequences of his actions. Since this is a cognitive test, Hannibal will need to use it in this jurisdiction and C is the correct answer.
Incorrect! Under the M'Naghten Rule, the defendant must be found not guilty by reason of insanity if, due to his mental impairment, he either did not know the nature and quality of his act, or he did not know that the act was wrong at the time he committed it. In other words, the defendant will be found not guilty by reason of insanity if he cognitively did not know right from wrong or if he could not appreciate the consequences of his actions. Since this is a cognitive test, Hannibal will need to use it in this jurisdiction and C is the correct answer.
Correct
Incorrect!
Question 4
Hannibal has just been arrested and charged with committing several murders, rapes and assaults over a three-year period. At the trial, Hannibal tries to raise an insanity defense and he brings in expert witnesses to testify that he is, in fact, insane. If Hannibal is being tried in a jurisdiction that required proof that he has a volitional mental impairment in order to determine insanity, Hannibal will have to:
Correct The Irresistible Impulse test says that a defendant should be found not guilty by reason of insanity if, because of a mental impairment, he was unable to control himself and avoid committing the illegal act. Since this test centers on the defendant's ability to control his behavior, is a volitional test and, since the jurisdiction Hannibal is in requires a showing of a volitional mental impairment, he will need to use this test to try and establish insanity. Therefore, A is the correct answer.
Incorrect! The Irresistible Impulse test says that a defendant should be found not guilty by reason of insanity if, because of a mental impairment, he was unable to control himself and avoid committing the illegal act. Since this test centers on the defendant's ability to control his behavior, is a volitional test and, since the jurisdiction Hannibal is in requires a showing of a volitional mental impairment, he will need to use this test to try and establish insanity. Therefore, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Hannibal has just been arrested and charged with committing several murders, rapes and assaults over a three-year period. At the trial, Hannibal tries to raise an insanity defense and he brings in expert witnesses to testify that he is, in fact, insane. If Hannibal is being tried in a jurisdiction that uses the Model Penal Code's test to determine insanity, Hannibal will have to:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The Model penal code's test says that a defendant should be found not guilty by reason of insanity if, because of a mental impairment, he was unable to either appreciate the criminality of his conduct or conform his conduct to the requirements of law. This test basically combines the cognitive elements from the M'Naghten Rule and the volitional element from the Irresistible Impulse test into one larger test. Therefore, since Hannibal can raise a successful insanity defense by proving that he had either a cognitive or volitional mental impairment, D is the correct answer.
Incorrect! The Model penal code's test says that a defendant should be found not guilty by reason of insanity if, because of a mental impairment, he was unable to either appreciate the criminality of his conduct or conform his conduct to the requirements of law. This test basically combines the cognitive elements from the M'Naghten Rule and the volitional element from the Irresistible Impulse test into one larger test. Therefore, since Hannibal can raise a successful insanity defense by proving that he had either a cognitive or volitional mental impairment, D is the correct answer.
Question 6
Hannibal has just been arrested and charged with committing several murders, rapes and assaults over a three-year period. If Hannibal tries to raise an insanity defense, the modern rules dictate that the burden of proof is on:
Correct
Incorrect!
Correct
Incorrect!
Correct Under the old rules, the burden was on the defendant to, at the very least, present some evidence indicating that he was insane at the time he committed the crime. Then, once the defendant did that, the burden then shifted to the prosecution to prove, beyond a reasonable doubt, that the defendant was, in fact, sane at the time he committed the crime. However, modern rules now require the defendant to prove, by clear and convincing evidence, that he was, in fact, insane when he committed the crime. Therefore, the burden of proof is on Hannibal and C is the correct answer.
Incorrect! Under the old rules, the burden was on the defendant to, at the very least, present some evidence indicating that he was insane at the time he committed the crime. Then, once the defendant did that, the burden then shifted to the prosecution to prove, beyond a reasonable doubt, that the defendant was, in fact, sane at the time he committed the crime. However, modern rules now require the defendant to prove, by clear and convincing evidence, that he was, in fact, insane when he committed the crime. Therefore, the burden of proof is on Hannibal and C is the correct answer.
Correct
Incorrect!
Question 7
Hannibal has just been arrested and charged with murdering a young FBI agent. Before the trial, Hannibal is charged with Aggravated Homicide of a Federal Officer a crime that carries a minimum jail sentence of twenty years and a maximum jail sentence of thirty years. At the trial, Hannibal successfully raises an insanity defense and is found not guilty by reason of insanity. Immediately after the verdict, Hannibal is committed to a mental hospital for treatment of his impairment. Based on the sentencing guidelines set out for the crime he committed, the longest that Hannibal can be kept in the hospital is:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Any defendant that is found not guilty by reason of insanity is automatically committed to a hospital for a certain amount of time. If the defendant's metal impairment is severe enough or is not cured, he can be forced to remain in the hospital for a period of time longer than his jail sentence would have been had be been convicted. That being the case, Hannibal can be held in the hospital until his impairment is cured or he is no longer considered a threat to society. Since this is an undefined period of time, Hannibal can be kept at the hospital indefinitely and, therefore, D is the correct answer.
Incorrect! Any defendant that is found not guilty by reason of insanity is automatically committed to a hospital for a certain amount of time. If the defendant's metal impairment is severe enough or is not cured, he can be forced to remain in the hospital for a period of time longer than his jail sentence would have been had be been convicted. That being the case, Hannibal can be held in the hospital until his impairment is cured or he is no longer considered a threat to society. Since this is an undefined period of time, Hannibal can be kept at the hospital indefinitely and, therefore, D is the correct answer.