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Exam 3: Capacity and Defenses

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Question 1

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This is a legal term, not a medical term, and refers to any mental illness that meets the legal threshold for incapacity.

A) insanity
B) competency
C) diminished capacity
D) responsibility

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Question 2

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An individual who cannot help in his or her own defense is ______.

A) incompetent to stand trial
B) insane
C) indigent
D) a juvenile offender

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Question 3

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Another name for the right and wrong test.

At common law, a child under what age was conclusively presumed to be incapable of having the necessary criminal intent and could not commit a crime.

A defense in which a defendant charged with a crime may claim that he should not be tried for that offense because the time limitation for prosecution has expired.

According to the Model Penal Code, if a juvenile was between what ages at the time of the offense, the juvenile court, after a hearing, may enter an order waiving jurisdiction and the case will be transferred to adult criminal court.

At common law, in what ages was there a rebuttable presumption that a child did not to have the capacity to commit the crime?

Mistakes of fact may be a defense if they negate an element of the crime.

A defense that law enforcement officers enticed the person to commit a crime who had no pre-existing disposition to do so.

A type of mental incapacity; specifically, that the defendant's mental state was such at the time of the crime, that he should not be held responsible for his crime.

Insanity and incompetency to stand trial are the same findings and the standards for determining each are the same.

This is not a defense to a crime unless the law in question is so obscure that a "reasonable person" would not be expected to know of it.

Diminished capacity defenses are used when the defendant is not legally insane, but his or her mental condition does call into question whether the required mens rea for the crime could be formed.

Postpartum depression syndrome is a type of diminished capacity.

The defense of battered spouse/woman syndrome is generally available to women who hire a third party to commit the act.

This defense holds that, except in the case of homicide, an act that would otherwise be a crime may be excused when committed under compulsion that is imminent and produces a well-grounded apprehension of death or serious bodily harm.

Intoxication, Post-Partum Depression (PPD) Syndrome, and Post-Traumatic Stress Syndrome are all examples of ______.

A defense that allows an offender to claim that he or she avoided a greater evil by committing a crime.

Arguing that you did not know the goods were stolen and thought they were purchased; therefore, you should not be found guilty of receipt of stolen property is an example of

This test determines whether the defendant lacked "substantial capacity" to conform his behavior to the law.