An individual who has been declared incompetent to stand trial would have met the criteria of: being schizophrenic and not always in touch with reality. being antisocial and as such criminally insane. being mentally ill. * being unable to understand the proceedings or contribute to his or her defense. 2. Individuals who cannot defend themselves because they suffer from mental disorders may be declared: criminally insane. not responsible and then released. * incompetent to stand trial. insane at the time of the crime, but not at the trial time. 3. The incompetence defense is an extension of the notion that an individual: should not be held accountable for crimes of passion. should not have their eccentricities held against them. * should not be tried in absentia. should not be tried if they do not have adequate representation. 4. The _____________ in a particular case makes the final decision of whether or not a person is mentally fit to stand trial. jury * judge psychiatrist prosecutor 5. Gavin has committed a crime and is scheduled for a hearing. His attorney claims that she cannot communicate effectively with Gavin and that Gavin cannot provide adequate testimony on his behalf. It is ultimately up to the _____________ to decide if Gavin is mentally fit to stand trial. court psychologist prosecuting attorney * judge jury 6. A person can be declared incompetent to stand trial if it is recommended by a psychiatrist or psychologist and the ____________ agrees. * judge prosecuting attorney jury person 7. If an individual is judged to be incompetent to stand trial: they will be released back into society. they will be held for an evaluation period, then released. they will be declared insane and committed to an institution. * they will be held and treated until it is deemed they are ready for trial. 8. Some individuals who have committed crimes attempt to fake incompetence in order to get out of being tried for their crimes. These individuals are: often tried for obstruction of justice as well as their original crime. often successful and spend their sentences in mental institutions instead of prisons. * often discovered by experts and go on to stand trial. often found out actually to be incompetent. Rosie has been charged with a crime; however, she has been examined by psychiatrists, who have found her incompetent to stand trial. The judge agrees. This judgment will: possibly be overturned by a jury. result in Rosie's release from custody. result in a declaration of insanity and confinement in a mental hospital. * result in confinement and treatment in a mental hospital until she is fit to stand trial. 10. All of the following are problems with the use of the incompetence defense except: * once an individual is declared incompetent, they must be immediately released. individuals may be confined longer in treatment than they would have been if convicted of a crime. it may be misused by law enforcement to get some individuals off of the streets. some individuals attempt to fake incompetence. 11. The Supreme Court has ruled that an individual who is incompetent to stand trial: must be placed immediately in a mental institution. * must not be confined any longer than it takes to treat the individual. must be released into an outpatient program. must be held and treated for six months, then reevaluated. 12. Incarceration for incompetence differs from other pretrial confinements in that: * release on bail is not permitted. all outside contact, excepting legal counsel, is forbidden. individuals are provided psychiatric, but not legal counsel. confinement is limited to forty-eight hours. 13. The ______________ encompasses the idea that individuals who cannot behave appropriately because of mental disorders should not be held accountable for their actions. incompetence defense * insanity defense Miranda defense M'Naghten rule 14. If an individual is judged to be not guilty by reason of insanity, then he or she is: committed to a(n): evaluation center for no less than six months. penitentiary. * mental hospital. insane asylum. 15. Seven years ago, Alexander Putin murdered his ex-boss in a fit of rage. He was subsequently judged to be not guilty by reason of insanity. Recently the staff at the mental hospital where Alexander has been held declared him cured of his disorder. What will happen to him now? * he will be released into society. he will be tried for his crime. he will be remanded to a half-way house. he will be placed on parole and required to see a parole officer once a week. 16. Individuals who have been judged not guilty of their crimes by reason of insanity are usually committed to a mental hospital until they are considered cured of their disorder and then they: will have to stand trial for the crime they committed. will be released into a half-way house for disturbed individuals. will be released and placed on parole. * will be released into society. 17. Fallon was found not guilty by reason of insanity for the crime of kidnapping. She is currently in custody at the county jail, but will soon: * be sent to a mental hospital for treatment. be incarcerated in a state prison where she will also receive treatment. be released into the care her psychiatrist. be released into society. The term insanity is a: medical term. * legal term. psychological term. slang term. 19. It has just been determined that Daryl is insane and therefore not responsible for any illegal actions he may have committed. This determination was likely made by: * a jury. a panel of psychologists. a medical doctor. a defense attorney 20. The rules for determining whether a person is insane: * differ from state to state. are listed in DSM-IV. are standardized by Federal law. are governed by the American Psychological Association. 21. The insanity defense: * has been abolished in three states. has been abolished in all but three states. is used in all states. is no longer used in Federal court. 22. The basis of the M'Naghten rule for determining insanity is: medical jurisprudence. the presence of a mental illness. a lack of awareness of the law. * knowledge of right versus wrong. 23. Daniel M'Naghten was fully aware of the fact that murder was considered a sin, yet he committed the act anyway. He was subsequently: sentenced and hanged. declared insane and sentenced to life in prison. found not guilty by reason of insanity and released. * found not guilty by reason of insanity and put into a mental hospital. 24. As a result of the sentencing of Daniel M'Naghten: the insanity defense was abolished in Britain. laws widening the definition of insanity were established. * a rule narrowing the definition of insanity was established. the insanity defense was established in Britain. 25. If, at the time of a crime, an individual did not know what they were doing or did not know that their actions were wrong, they can be declared insane. This is the: American Law Institute rule. Durham rule. * M'Naghten rule. Insanity Deferral rule. 26. The M'Naghten rule has been criticized as being: too broad in definition. unconstitutional. * too narrow in definition. too anachronistic. 27. Critics of the M'Naghten rule argue that it is inadequate because: it places too much emphasis on a single incident. it places too much responsibility on potentially uneducated juries. * it fails to take into account psychological factors which play a large part in behavior. it essentially invalidates the input of psychiatrists and psychologists. The notion that an individual would have committed a crime even though they were perfectly aware they would be caught is encompassed by the: American Law Institute rule. M'Naghten rule. * irresistible impulse rule. not guilty by insanity rule. 29. Gerald's lawyer is using the insanity defense and claiming that Gerald committed the act of murder in an uncontrollable fit of passion. Gerald's lawyer is attempting to use: * the elbow rule. the M'Naghten rule. the American Law Institute rule. the Durham rule. 30. The "elbow rule" was introduced to take into account: mental disorders. * irresistible impulses. accidental crimes. non-premeditated crimes. 31. Under which rule of law would an individual who suffered from delusions of persecution and who committed a crime as a result of those delusions be found mentally ill and therefore not culpable? the M'Naghten rule the Durham rule the irresistible impulse rule * the American Law Institute rule 32. In the American Law Institute rule, the terms "mental disease" or "mental defect" do not include abnormal behavior manifested only by: mild eccentricities. repeated hospitalizations. * repeated criminal behavior. repeated depressive episodes. 33. The American Law Institute rule allows for all of the following to be used in an insanity plea, with the exception of: crimes of passion. not understanding the difference between right and wrong. * committing repeated criminal offenses. a diagnosis of depression . 34. The _________________ provides the most liberal definition of mental illness. M'Naghten rule * American Law Institute rule irresistible impulse rule Durham rule 35. The decision of whether or not an individual is competent to stand trial is largely influenced by a _____________, whereas the decision of whether or not an individual is sane is left to a _____________. jury; judge * psychologist; jury psychologist; judge jury; psychologist 36. The decision concerning insanity in criminal cases is left to: * a jury. a judge. psychologists. psychiatrists. One of the most difficult tasks faced by a jury in trials in which the defendant is attempting an insanity plea is: * ascertaining the defendant's mental state at the time of the crime. deciding if the defendant is competent to stand trial. deciding the defendant's current mental state. judging the competency of the witnesses. 38. Karla was declared not guilty of murder by reason of insanity. She will now be held and treated in a mental hospital and it is very likely that she: will be released fairly soon. will never be released. * will be incarcerated longer in the hospital than if she had received a regular sentence. will recover quickly and be sentenced to a subsequent prison term. 39. One of the most important factors in John Hinckley, Jr.'s insanity defense was the fact that he was heavily influenced by: the premature death of his wealthy parents. the writings of Charles Manson. * the movie, "Taxi Driver." letters from Jodi Foster. 40. In the case of John Hinckley, Jr., the _____________ rule was used to determine insanity. * American Law Institute guilty but mentally ill M'Naghten elbow 41. As a consequence of the verdict in the Hinckley trial, the Federal court and about half of the state courts: adopted the guilty by mentally ill rule. abolished the insanity defense. adopted more liberal rules for determining insanity. * decided insanity should be based upon a knowledge of right and wrong. 42. After John Hinckley, Jr., was found not guilty by reason of insanity in the shooting of President Reagan, the American Psychological Association recommended that: psychologists rather than juries should make the decision concerning insanity. the rules for determining insanity should be made more flexible. the irresistible impulse should not be a basis for insanity. * the basis for insanity should no longer include mental disease or defect. 43. A person who is convicted under the guilty-but-mentally-ill rule will be: sent to prison but treated while in prison. * treated in a hospital and then sent to prison for punishment. sent to prison regardless of his or her mental condition. treated in a hospital and then released. 44. While at a party, Phaedra became angry at another girl for flirting with her boyfriend. During the course of the evening she became quite intoxicated and, sometime after midnight, she grabbed a kitchen knife and seriously wounded the girl. During her trial, Phaedra's lawyers will: likely use the insanity defense. invoke the guilty-but-mentally-ill rule. * not be able to use the insanity defense. be able to use the elbow rule. 45. In order to gain a release, an individual who voluntarily signed themselves into a mental hospital must first: sign a release form relieving the hospital of responsibility. have a relative assume responsibility for them. make arrangements for financial restitution. * undergo a waiting period, during which they are reevaluated by the staff. The U.S. Supreme court ruled that individuals who voluntarily admit themselves into mental hospitals: are responsible for their actions. should be evaluated by a professional before being released. should be evaluated by a professional before being admitted. * may not be legally competent to make a decision concerning their admittance. 47. An individual may be placed in a mental hospital against their will: only after committing a criminal act. * if they are considered dangerous to themselves or others. only in the interest of their own protection. only if they are deemed incompetent by a court of law. 48. Under the doctrine of paren patraie, the state has the right to commit an individual to a mental hospital in all of the following situations except: * if the individual is homeless and jobless. if the individual is in obvious need of treatment. if it is decided the individual cannot take care of themselves. if the individual is a danger to themselves. 49. Courts have ruled that a person cannot be committed to a hospital against his or her will unless it is determined by the authorities that the person is unable to make an appropriate decision. From a practical standpoint, this means: the individual's rights are being adequately protected. * the individual's fate is ultimately decided by the authorities regardless of his or her input. persons who do not wish to be hospitalized will likely not be hospitalized. only persons who are irrefutably mentally ill will be hospitalized. 50. Involuntary hospitalization of individuals with mental disorders may violate their right: * to equal protection. of parens patriae. of freedom of choice. of free speech. 51. If an individual is considered to be dangerous to others they can be involuntarily committed, as justified by the: doctrine of parens patriae. right to equal protection. involuntary commitment act. * police power of state. 52. The right to equal protection is threatened when an individual is involuntarily hospitalized: under parens patriae but not under the police power of the state. * under both parens patriae and under the police power of the state. under the police power of the state but not under parens patriae. under neither parens patriae nor the police power of the state. 53. A psychologist sees a patient whom she considers to be dangerous to the community and she feels the individual should be committed. One of the problems with this is: only persons with a medical degree, such as a psychiatrist, are qualified to make this type of judgment. the law provides no provisions for commitment because of speculation. * psychologists and psychiatrists are not accurate at predicting who is dangerous. only a jury can legally decide if an individual is insane or dangerous. 54. To avoid violating a person's legal right to protection, yet still protect the public from potentially dangerous individuals, it might be best to: place the individual under suspicion in house arrest. place the individual under suspicion in a group home. order the individual under suspicion to seek counseling. * commit the individual under suspicion only if they pose an imminent threat. Recently there has been a movement to require that if a person is going to be hospitalized because he or she is a potential threat to others, the danger posed must be: agreed upon by a panel of experts. based on solid evidence. obvious. * imminent. 56. One of the inconsistencies regarding involuntary hospitalization is that individuals who are: * not mentally ill cannot be locked up until it has been proven they have committed a dangerous act. mentally ill cannot be locked up until it has been proven they have committed a dangerous act. not mentally ill and suspected of being dangerous can be confined. mentally ill and suspected of being dangerous cannot be confined. 57. The text cites the case of Joyce Brown, a New York City woman who lived on the street but was forcibly removed from her "home" to be institutionalized. This most likely occurred because she: was a disturbed individual. * disturbed other individuals. could not care for herself. was a danger to herself and others. 58. Involuntary outpatient commitment is probably most appropriate for those individuals who: have not committed a crime, but who are suspected of being dangerous. have committed crimes, but are not guilty by reason of insanity. cannot care for themselves. * are considered neither dangerous to themselves or to others. 59. Robbie's family thinks he is disturbed and they are concerned that he might harm himself. He, on the other hand, thinks his family is invasive and has no right messing in his business. If the family wants to have him committed, they must: get the recommendation of a psychologist. * make an allegation to the authorities that Robbie is a danger to himself. press criminal charges against Robbie. prove beyond a doubt that Robbie is dangerous. 60. The process of involuntary hospitalization is begun when a complaint is filed by a: * police officer, mental health professional or another citizen. police officer or any mental health professional. police officer or psychiatrist. police officer. 61. Robin's husband has called the police to say that she is dangerous to herself and is seriously considering suicide. The police agree. For Robin to be involuntarily hospitalized, most states initially will require: a twenty-four hour evaluation period. a recommendation by a police officer. * a physician's recommendation. an extensive evaluation by a psychologist or a psychiatrist. 62. The maximum length of emergency hospitalization in cases of involuntary commitment: is 24 hours. is 48 hours. is 72 hours. * may be any time between 24 hours and 20 days, depending on the state. 63. All that is required to begin the initial step of an involuntary commitment is: * an allegation by an ordinary individual. a recommendation by a psychiatric social worker. a recommendation by a medical doctor. a twenty-four hour evaluation period. In cases where individuals are committed for treatment, the courts have consistently ruled that they: should initially be hospitalized for a forty-eight hour evaluation period. should initially be hospitalized for a twenty-four hour evaluation period. should be examined by a medical doctor as well as a psychiatrist. * have a right to the least restrictive care option. 65. Patients with mental illnesses have the right to be treated in: any manner deemed appropriate by the staff. * the least restrictive manner that will serve the purpose of treatment. whatever manner judged appropriate by the state. whatever manner their family wishes. 66. In Youngberg v. Romeo, a case which involved a profoundly retarded man, the court ruled that decisions concerning appropriate treatment should be left to professionals. This essentially: * allowed for the possibility of a wide variety of potentially low levels of treatment. assured that all patients housed in mental hospitals would receive quality care. paved the way for increased industry standards. stated that involuntarily committed patients do not have a right to treatment. 67. In Rouse v. Cameron, a judge ruled that the purpose of involuntary hospitalization is: to prevent an individual from harming themselves or others. * treatment and not punishment. incarceration and, when available, treatment. to provide an environment in which mentally ill individuals can function well. 68. In a class action suit brought by 8,000 involuntarily committed patients against the state of Alabama, the judge made a ruling that set standards for: * the caretaker to patient ratio. the types of treatments which would be allowed. the maximum length of time an individual could be institutionalized. the maximum number of patients allowed by space in a particular institution. 69. With regard to involuntary commitment, the Court has recognized all of the following, with the exception of: the right of hospitalized mental patients to receive treatment. a minimum number of staff must be available to treat patients. professionals should determine the type of treatment that is appropriate. * nondangerous individuals can be confined, despite their ability to function, if professionals consider confinement necessary. 70. O'Connor v. Donaldson concerned a man who was committed to a state hospital because of paranoid schizophrenia. Donaldson argued that he should be released from the hospital for all of the following reasons except: * he received a misdiagnosis. he was not dangerous or mentally ill. he was not receiving treatment. he had people willing to employ him in the community. 71. In the case of Kenneth Donaldson, a man who was committed to a Florida state hospital for twenty years yet did not receive treatment, a judge made the ruling that a person: cannot be held without being treated. * who is not dangerous and can function effectively cannot be held against their will. who is mentally ill cannot refuse treatment. who is mentally ill has the right to consult a second opinion about their treatment. 72. An individual who has been declared incompetent to stand trial and subsequently sent to a hospital does not have the right to: demand treatment. legal counsel. * refuse treatment. seek a second opinion. If an individual is declared incompetent, the power to make the decision about the individual's treatment usually shifts to: the court. * a parent or guardian. a psychologist. their case worker. 74. Jacob has been hospitalized against his will after attempting to commit suicide. The staff wants to put him on antianxiety medication, but Jacob does not want to be treated. What rights does Jacob have? He has the right to refuse to be treated. He has the right to leave the hospital when he wants. * He has the right to refuse treatment if it violates his religious beliefs. He has the right to decide which type of treatment for which he is best suited. 75. Which of the following individuals would not have the right to refuse treatment? * A person whose refusal would increase the financial burden on the community. A person who voluntarily commits themselves into a psychiatric ward. A person who has been diagnosed as being seriously manic-depressive. An individual who lives on the street and seemingly suffers from schizophrenia. 76. Reba is a Christian Scientist. The court has ruled that she has the right to refuse treatment on religious grounds: only if another, more effective treatment is available. only if another, equally effective, but less expensive treatment is available. * even if she has been involuntarily committed. only if she volunteered her own commitment. 77. Rosanna has been hospitalized involuntarily because she is a severe manic-depressive and suicidal. The hospital wants to give her electroconvulsive therapy. Rosanna has the right to refuse this treatment if: she does not want it. there is a less expensive form of therapy available. if she signs a release form stating she doesn't want therapy. * there is a less intrusive, equally effective form of therapy available. 78. The text presented the case study of Ms. A, a 55-year-old woman with a bipolar disorder. Initially, she refused treatment. She could do this because: she was not a danger to others. there were less invasive treatments available. * she had voluntarily committed herself to the hospital. at her hearing the court declared her competent. 79. In the treatment of hospitalized patients, courts have ruled that: patients cannot be compelled to work, even if the work is of therapeutic value. privacy is a right reserved for voluntary, but not involuntary patients. * patients have a right to a certain number of square feet per patient. patients have a right to their own clothing, even if it is inappropriate in terms of treatment. 80. Under which circumstance would it be legal to require a patient at a mental hospital to do work that contributes to the operation of the hospital? if the person was involuntarily committed if the person voluntarily committed themselves. if the work reduces the operating costs of the hospital * if the work is of therapeutic value to the patient. 81. Courts have ruled that mental patients may be required to do work that contributes to the operation of the institution so long as that work: * is therapeutic and not contracted to an outside company. reduces the cost of keeping the patient. results in some type of wage for the patient. also benefits the community. Patients in mental hospitals have the right to vote, marry, divorce and make a will unless they have: been involuntarily committed. * been judged incompetent. been hospitalized longer than 5 years. been diagnosed as having schizophrenia. 83. Ritchie has been involuntarily committed to a mental hospital. He has the right to do all of the following except: vote in national elections. get married or divorced. make legal contracts. * do outside contract work for the hospital. 84. Which of the following statements concerning the treatment of mental patients is not correct? Patients in mental hospitals have the right to wear their own clothing unless it is considered dangerous. Patients who have been involuntarily committed have the right to refuse treatment, but only under certain conditions. Mental hospitals are required to provide a minimum number of staff for patient care. * All state hospitals are required to provide patients with an attorney if they so desire. 85. Former mental patients who suffered from _______________ disorders are more likely to be violent than others. compulsive schizophrenic * personality depressive 86. One study indicated that almost 90% of the violent acts committed by former mental patients were committed against: strangers. co-workers. * family or friends. authority figures. 87. Emily has a neighbor who has just been released after spending four years in a state mental hospital. She wants to be open-minded, but still is a bit concerned for her children's safety. According to research, she should have little or no reason to worry, but could be somewhat concerned if the person was admitted for a __________ disorder. schizophrenic bipolar * drug-related obsessive-compulsive 88. The "duty to protect" rule refers to: * the responsibility of a therapist to protect others from a dangerous client. the state's right to protect individuals from themselves. the state's right to protect other members of society from mental patients. the requirement that everything said in psychotherapy is legally protected. 89. Under the Tarasoff ruling, if a therapist knows that a client is dangerous, it is the therapist's responsibility to: hospitalize the client. protect the confidentiality of what the client has said. warn the client about the legal ramifications of the behavior. * protect potential victims from harm. A therapist who finds out that their client harbors a secret desire to harm someone incurs a legal obligation to: protect the rights of their client. commit their client to a hospital. convince their client of their error. * do what is necessary to protect the potential victim. 91. The code of ethics of the American Psychological Association makes it clear that: everything a client says in therapy is protected by confidentiality. suicidal persons must be hospitalized. * protection of others takes precedence over the right to confidentiality. therapists have the duty to warn clients that what is said in therapy may not be protected by confidentiality. 92. The duty to protect usually does not extend to cases of: property damage. homicide. * suicide. battery. The decision concerning whether an individual is competent to stand trial is made by a jury at a pretrial hearing in which testimony is given by a case psychologist. True * False 94. Individuals who are found incompetent to stand trial are relieved from the responsibility of their illegal acts. True * False 95. An individual is determined to be insane according to criteria established by a given law rather than by what is defined as abnormal in DSM-IV. * True False 96. Blaine has been diagnosed as having paranoid schizophrenia. He admits to knowing that murder is wrong, yet he attempted to kill his neighbor because he thought the man was spying on him for the government. At his trial, Blaine's insanity plea failed. This was because he did not meet the criteria established by the M'Naghten rule. * True False 97. The American Law Institute rule does not provide for the definition of mental illness to include abnormal behaviors exhibited only by repeated antisocial conduct. * True False 98. Determining insanity through a vote by a jury is likely the most fair and competent way to arrive at this decision. True * False 99. In many cases individuals who are found not guilty by reason of insanity are incarcerated longer than they would have been if convicted of their crime. * True False The "guilty but mentally ill" rule allows for an individual to be tried for their crimes but then absolved because of their mental illness. True * False Insanity defenses relying on posttraumatic stress disorder as a basis have been fairly successful. True * False Individuals who voluntarily admit themselves into a mental hospital automatically forfeit all rights and decisions concerning their care to the hospital staff. True * False Under the doctrine of parens patriae, the state has a right to commit an individual to a mental hospital if that person needs treatment. * True False Under the doctrine of parens patriae, the patient has the right to make a decision about hospitalization as long as that decision agrees with that of the state. True * False Under the law, mentally ill patients who are considered as potentially dangerous cannot be locked up unless the danger is thought to be imminent. True * False At the end of an emergency hospitalization period, a person must either agree to voluntary hospitalization, be committed or be released. * True False Once committed, patients in mental hospitals have no option but to spend all of their time at the hospital. True * False Patients in mental hospitals have the right to refuse treatment only if they have admitted themselves voluntarily and the staff has not changed their status to involuntary commitment. True * False Nigel suffers from schizophrenia, but it has been determined that he is not a threat to himself or others and that he can function adequately in society. As such, Nigel must be released from the hospital to which he was involuntarily admitted. * True False If a particular treatment is somehow in violation of an individual's religion, then they have a legal right to refuse that treatment. * True False Patients who have been involuntarily committed to a mental hospital cannot be forced to do outside contract labor unless it is somehow therapeutic for the patient. True * False Individuals who have been placed in mental hospitals, but who have not been declared incompetent, have all the civil rights of other citizens. * True False