Test Bank For Criminal Law 12th Edition

Test Bank for Criminal Law, 12th Edition
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True / False
1. Defendants who plead an excuse defense admit what they did was wrong.
a. True
b. False
ANSWER: True
REFERENCES: Chapter Introduction
LEARNING OBJECTIVES: CRLW.SAMA.17.07.01 - To know the different parties to crime and appreciate the
difference between complicity and vicarious liability.
KEYWORDS: Bloom’s: Remember
2. The defense of insanity excuses criminal liability when it seriously damages defendants’ capacity to control their acts.
a. True
b. False
ANSWER: True
REFERENCES: The Insanity Defense
LEARNING OBJECTIVES: CRLW.SAMA.17.06.04 - To know the four different tests of insanity and which elements of
mental capacity, reason, and/or will form the basis of each test.
3. Many defendants plead the insanity defense.

a. True
b. False
ANSWER: False
LEARNING OBJECTIVES: CRLW.SAMA.17.06.02 - To appreciate the long history of the insanity defense, and to know
the popular myths and empirical realities surrounding the insanity defense.
4. The defense of diminished capacity is an affirmative defense.

a. True
b. False
ANSWER: False
REFERENCES: The Defense of Diminished Capacity
LEARNING OBJECTIVES: CRLW.SAMA.17.06.05 - To understand the difference between diminished capacity and
diminished responsibility and appreciate how they apply only to homicide.
5. The right–wrong test focuses on defect in reason or cognition.

a. True
b. False
ANSWER: True
6. At common law, voluntary intoxication was not a defense.

Cengage Learning Testing, Powered by Cognero Page 1
a. True
b. False
ANSWER: True
REFERENCES: The Defense of Intoxication
LEARNING OBJECTIVES: CRLW.SAMA.17.06.08 - To understand that voluntary intoxication is no excuse for
committing a crime but involuntary intoxication is.
7. Intoxication is never a defense.

a. True
b. False
ANSWER: False
8. Diminished capacity and diminished responsibility are the same thing.

a. True
b. False
ANSWER: False
9. There are three different types of juvenile waivers.

a. True
b. False
ANSWER: True
REFERENCES: The Excuse of Age
LEARNING OBJECTIVES: CRLW.SAMA.17.07.06 - To understand that vicarious liability transfers the actus reus and
mens rea from one person to another because of their relationship.
10. In the majority of states, duress isn’t a defense to murder.

a. True
b. False
ANSWER: True
REFERENCES: The Defense of Duress
LEARNING OBJECTIVES: CRLW.SAMA.17.06.07 - To know the four elements of duress and appreciate the problem
with blaming people who are forced to commit crimes.
11. U.S. courts have always accepted the defense of entrapment.

a. True
b. False
ANSWER: False
REFERENCES: The Defense of Entrapment
LEARNING OBJECTIVES: CRLW.SAMA.17.06.09 - To understand that entrapment is used in all societies even though
it violates a basic purpose of government in free societies: to prevent crime rather than
encourage it.
12. The defendant’s predisposition to commit the crime is relevant in the objective test of entrapment.
a. True
b. False
ANSWER: False
encourage it.
13. The product-of-mental-illness test is also known as the right–wrong test of insanity.
a. True
b. False
ANSWER: False
14. Defendants often use syndromes as excuses for committing crimes.

a. True
b. False
ANSWER: False
REFERENCES: Syndrome Defenses
LEARNING OBJECTIVES: CRLW.SAMA.17.06.10 - To understand why, despite their criticisms, syndrome excuses are,
and should be, taken seriously.
15. The substantial capacity test is supposed to remove the objections to the right–wrong test.
a. True
b. False
ANSWER: True
LEARNING OBJECTIVES: Crlw.Sama.17.08.04 - To understand that the actus reus of attempt is an act that goes beyond
mere preparation but not far enough to complete the crime.
16. Most defendants who utilize the insanity defense do so successfully.

a. True
b. False

ANSWER: False
17. Defendants who argue excuses such as post-traumatic stress disorder or premenstrual syndrome rarely succeed.
a. True
b. False
ANSWER: True
18. A syndrome is defined as a group of symptoms typical of a particular disease or condition.

a. True
b. False
ANSWER: True
19. A defendant with prior convictions for similar offenses would probably fare best in a jurisdiction that uses the
subjective test of entrapment.
a. True
b. False
ANSWER: False
encourage it.
20. With an affirmative defense, defendants have to carry some of the burden of proving they have an excuse that will
relieve them of criminal responsibility.
a. True
b. False
ANSWER: True
21. The use of the insanity defense is limited to murder cases.

a. True
b. False
ANSWER: False
22. Mental defect refers to mental retardation or brain damage severe enough to make it impossible to know what you’re
doing, or if you know, you don’t know that it’s wrong.
a. True
b. False
ANSWER: True
LEARNING OBJECTIVES: Crlw.Sama.17.08.04 - To understand that the actus reus of attempt is an act that goes beyond
mere preparation but not far enough to complete the crime.
23. To overcome the sanity presumption, the defense has the burden to offer some evidence of insanity.
a. True
b. False
ANSWER: True
LEARNING OBJECTIVES: CRLW.SAMA.17.06.03 - To understand the difference between insanity and competency
when proving the affirmative defense of insanity.
24. States vary as to who has to prove insanity and how convincingly they have to do so.
a. True
b. False
ANSWER: True
25. Diminished capacity is an affirmative defense in the sense that it excuses criminal conduct.
a. True
b. False
ANSWER: False
26. Most states reject diminished capacity.

a. True
b. False
ANSWER: True

27. All states have established juvenile justice systems to handle juvenile delinquency.
a. True
b. False
ANSWER: True
28. For a long time, U.S. courts rejected the idea that entrapment excused criminal liability.
a. True
b. False
ANSWER: True
encourage it.
29. Syndrome defenses are used often.

a. True
b. False
ANSWER: False
30. In all states and the federal courts, the defendant must prove insanity beyond a reasonable doubt.
a. True
b. False
ANSWER: False
Multiple Choice
31. As an affirmative defense, defendants have to carry some of the burden of proving they have an excuse that will
relieve them of
a. criminal responsibility.
b. civil responsibility.
c. a psychological diagnosis.
d. a mental illness.
ANSWER: a
32. Insanity excuses criminal liability

a. when the defendant is under age 18.
b. when the defendant had an accomplice
c. when it seriously damages defendants’ reason/will to control actions
d. when the defendant was competent.
ANSWER: c
33. Which of the following is an obstacle to proving the premenstrual syndrome (PMS) defense?
a. the defendant has to prove that PMS is a disease
b. the defendant has to suffer from PMS
c. the PMS has to cause the mental impairment that excuses the conduct
d. all of these answers are obstacles to proving the PMS defense
ANSWER: d
34. Which war led to the defense of post-traumatic stress disorder defense (PTSD)?
a. the Korean War
b. the Vietnam War
c. the Gulf War
d. the War on Terror
ANSWER: b
35. Which of the following is true of most defendants who offer and insanity defense?
a. Defendants found not guilty by reason of insanity are often confined in mental institutions for many years.
b. Few offenders “fake” insanity.
c. In most cases, prosecution and defense expert psychiatrists agree on whether the defendants are legally insane.
d. All of these are true.
ANSWER: d
36. What 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
ANSWER: a
37. Under 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 know
a. 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.
ANSWER: d
38. For purposes of insanity statutes, mental diseases do not include

a. psychosis.
b. schizophrenia.
c. paranoia.
d. psychopathic personalities.
ANSWER: d
39. Which test of insanity focuses on the defendant’s inability to control their conduct?
a. Durham
b. irresistible impulse
c. right–wrong
d. McNaughtan
ANSWER: b
40. Which 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
ANSWER: c
41. What word do those who criticize the use of the word “know” in insanity tests prefer?
a. understand
b. comprehend
c. cognate
d. appreciate
ANSWER: d
42. Defendants 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. seldom incarcerated.
d. generally faking insanity.
ANSWER: a
43. What is another name for the product test?

a. the Durham rule
b. irresistible impulse
c. substantial capacity
d. the McNaughtan rule
ANSWER: a
44. John Hinckley shot President Reagan. What happened to Hinckley after his trial?
a. He went to prison.
b. He was locked up in a hospital.
c. He went free.
d. He was sentenced to death.
ANSWER: b
45. In the 1980s, the federal government and many states changed their insanity defenses after the insanity acquittal of
a. John Hinckley.
b. Bernhard Goetz.
c. Daniel McNaughtan.
d. David Neubauer.
ANSWER: a
CRLW.SAMA.17.06.04 - To know the four different tests of insanity and which elements of
46. Defendants rarely plead insanity. Those who do

a. rarely succeed.
b. often succeed.
c. always succeed.
d. never succeed.
ANSWER: a
47. The right–wrong test focuses on defect in reason or

a. cognition.
b. standards.
c. knowing.
d. appreciation.
ANSWER: a

48. The defense of diminished capacity
a. is the same as the Durham insanity test.
b. asserts that the defendant’s acts were involuntary.
c. involves a claim that because of mental illness the defendant did not have the required actus reus.
d. involves a claim that the defendant did not have the mens rea for the crime charged because of a mental
disease or defect.
ANSWER: d
49. Federal law required the government to prove Hinckley’s sanity at what level of proof?
a. beyond a reasonable doubt
b. by a preponderance of the evidence
c. with probable cause
d. by a majority
ANSWER: a
50. Diminished capacity is

a. the same as diminished responsibility.
b. an affirmative defense.
c. a failure-of-proof defense.
d. no longer a defense in any jurisdiction.
ANSWER: c
51. At common law, children above what age were presumed to be capable of criminal intent just like adults?
a. 10
b. 12
c. 14
d. 16
ANSWER: c
52. Which test focuses on reason and self-control?

a. volitional incapacity
b. substantial capacity
c. product-of-mental-illness
d. right–wrong
ANSWER: b
53. What legal term applies when a juvenile court gives up jurisdiction over a juvenile and transfers the case to the adult
criminal court?
a. waiver
b. venue
c. sentencing
d. adjudication
ANSWER: a
54. What is the most common form of waiver in the United States?
a. prosecutorial
b. legislative
c. judicial
d. transfer
ANSWER: c
REFERENCES: The Excuse
55. In most jurisdictions, to establish the duress defense, the defendant must show that the threat of harm against him or
her was
a. contingent.
b. foreseeable.
c. reasonable.
d. imminent.
ANSWER: d
REFERENCES: The Duress of Defense
56. In the majority of states, duress is not a defense for

a. serious felonies.
b. misdemeanors.
c. theft.
d. murder.
ANSWER: d
57. Which test focuses on defect in reason or cognition?

b. substantial incapacity
d. right–wrong
ANSWER: d
58. Which test focuses on criminal acts resulting from mental disease?
b. substantial incapacity
d. right–wrong
ANSWER: c
59. The entrapment defense arose primarily in response to police excesses in enforcing what laws?
a. violent crime
b. consensual crime
c. international
d. espionage
ANSWER: b
encourage it.
60. The common law divided children into how many categories for determining their capacity to commit crimes?
a. three
b. two
c. four
d. none
ANSWER: a
61. The subjective entrapment test is available for a defendant who can show the government
a. provided an opportunity for a mentally retarded 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.
ANSWER: c
encourage it.
62. The objective test of entrapment focuses on

a. the actions of predisposed criminals.
b. the actions of white-collar criminals.
c. the actions of police.
d. the actions of mentally impaired offenders.
ANSWER: c
encourage it.
63. The insanity defense stands for the important proposition that we can only blame people who are
a. responsible.
b. sane.
c. insane.
d. irresponsible.
ANSWER: a
64. Which of the following is not an excuse for committing a crime?

a. voluntary intoxication
b. involuntary intoxication
c. insanity
d. duress
ANSWER: a
65. What type of syndrome is often related to military service?

a. depressive syndrome
b. manic syndrome
c. premenstrual syndrome
d. post-traumatic stress disorder
ANSWER: d
66. Which of the following is not one of the popular myths regarding the insanity defense?
a. The insanity defense is overused.
b. The use of the insanity defense is limited to murder cases.
c. There is no risk to the defendant who pleads insanity.
d. Criminal defendants who plead insanity are usually insane.
ANSWER: d
67. Defendants who plead the insanity defense

a. rarely succeed.
b. usually succeed.
c. never succeed.
d. always succeed.
ANSWER: a
68. Defendants who plead the insanity defense successfully

a. go free.
b. face civil commitment.
c. go to jail instead of prison.
d. face community service.
ANSWER: b
69. Diminished capacity is what kind of defense?

a. failure-of-proof
b. affirmative
c. excuse
d. insanity
ANSWER: a
70. Diminished responsibility is a defense of

a. justification.
b. insanity.
c. excuse.
d. exception.
ANSWER: c
71. According to common law, children aged 7–14

a. had no criminal capacity.
b. were presumed to have no criminal capacity but the presumption could be overcome.
c. had the same capacity as adults.
d. could not be tried in court.
ANSWER: b
72. The shift from the philosophy of rehabilitation to retribution has led to
a. more juveniles at younger ages being tried as adults.
b. fewer juveniles at younger ages being tried as adults.
c. no change in the number of juveniles being tried as adults.
d. none of these answers is correct.
ANSWER: a
73. Waivers 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
ANSWER: d
74. The defense of duress consists of four elements: the (1) nature of the threat, (2) immediacy of the threats, (3) crimes
the defense applies to, and
a. (4) level of belief regarding the threat.
b. (4) lack of belief regarding the threat.
c. (4) existence of the belief regarding the threat.
d. There are only three elements.
ANSWER: a
75. The defense of voluntary intoxication is buffeted between two conflicting principles: accountability and
a. culpability.
b. competence.
c. responsibility.
d. capacity.
ANSWER: a
Marissa 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.
76. What excuse would Marissa likely use if she is tried for murder?
a. consent
b. voluntary intoxication
c. justification
d. involuntary intoxication
ANSWER: d

77. The reason that Marissa might be excused for her crime is
a. she could not be held accountable for her actions.
b. she was experiencing diminished capacity when she stabbed John.
c. John is a jerk and deserved what he got.
d. her crime was one of self-defense.
ANSWER: a
Steve 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.
78. The court wishes to prosecute Joey as an adult. Which of the following is not one of the ways Joey can be waived to
adult court?
a. judicial waiver
b. prosecutorial waiver
c. legislative waiver
d. executive waiver
ANSWER: d
79. At common law, Joey would

a. have no criminal capacity.
b. automatically have the same capacity as an adult.
c. be treated the same as under today’s statutory laws.
d. be presumed to have no criminal capacity, but the presumption could be overcome.
ANSWER: d
Tony 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 friend’s money and give it to him or he will shoot him. Tony takes the wallets from his
friend’s and gives the stranger their money.
80. 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
ANSWER: a

81. If Tony is charged with a crime, what element of his defense might be at issue?
a. nature of the threat
b. immediacy of the threat
c. level of belief regarding the threat
d. all of these elements might be at issue
ANSWER: d
82. Tony will most likely not be charged with a crime because
a. it’s hard to blame someone who’s forced to commit a crime.
b. it’s easy to blame someone who’s forced to commit a crime.
c. it’s impossible to blame someone who’s forced to commit a crime.
d. people do not want to accept responsibility for their behavior.
ANSWER: a
Georgia took her child to the emergency room with injuries on her legs and back. When doctors asked her how the child
received the injuries, Georgia broke down weeping and said she beat her daughter two days ago but had just gotten her
period.
83. What defense might Georgia try to use in court?
a. premenstrual syndrome
b. post-traumatic stress disorder
c. battered woman syndrome
d. holocaust survivor syndrome
ANSWER: a
encourage it.
84. In using the previous defense, what obstacles might Georgia face?
a. proving that PMS is a disease
b. proving that she suffers from PMS
c. proving that PMS causes the mental impairment that excuses the conduct
d. all of these are obstacles Georgia might face
ANSWER: d
85. Which of the following obstacles is not one that Georgia is likely to face regarding her defense?
a. proving her problem is a disease
b. proving she suffers from a disease
c. proving the disease caused the mental impairment that excuses her from beating her child
d. proving she suffered from a medically diagnosed form of diminished capacity
ANSWER: d
Completion
86. Excuse defenses are defenses.

ANSWER: affirmative
87. If undercover police officers offer enticements or inducements to get persons to commit crimes, this could raise the
defense.
ANSWER: entrapment
encourage it.
88. Despite of them, syndrome excuses should be taken seriously by the legal system.
ANSWER: criticism
89. intoxication is no excuse for committing a crime

ANSWER: Voluntary
90. The long history of the defense in high-profile cases during times of political turmoil reflects the idea that we can
only blame people who are responsible for their actions.
ANSWER: insanity
91. Diminished responsibility is an excuse defense.

ANSWER: affirmative
92. ____________ intoxication is a defense.

ANSWER: Involuntary
93. For a long time, U.S. courts the idea that entrapment excused criminal liability.
ANSWER: rejected
encourage it.
94. The product-of-mental-illness or test of insanity basically asks if the mental illness caused the crime.
ANSWER: Durham
95. Under the _____________ test of entrapment, the government can introduce evidence of the defendant’s prior
convictions for similar offenses.
ANSWER: subjective
encourage it.
96. What are syndrome defenses? Why should they be taken seriously?
ANSWER: When using syndrome defenses, defendants have to prove they have a disease; they suffer
from that disease; and the disease caused the mental impairment that excuses the conduct.
Syndrome excuses should be taken seriously as they are leading to new defenses in criminal
law. Although not frequent, such cases will continue to appear in courts.
KEYWORDS: Bloom’s: Understand
Essay
97. Discuss, define, compare, and contrast the four major tests of insanity. Which one do you think is best? Be sure to
explain your position.
ANSWER: There are four main tests of insanity. The right–wrong (McNaughtan) test focuses on defects
in reason. The product-of-mental-illness test (Durham rule) focuses on criminal acts resulting
from (are the product of) mental disease. The irresistible impulse test focuses on defects in
volition or self-control. The substantial capacity test (Model Penal Code) focuses on reason
and self-control. Insanity is an affirmative defense, and the burden of proof varies depending
on the jurisdiction.
98. What are the two major approaches to the entrapment defense? Which one do you think is best? Be sure to explain
your position.
ANSWER: Entrapment occurs when law enforcement officers actively induce, trick, or persuade
individuals to commit crimes they otherwise wouldn’t commit. There are two main types of
entrapment defenses. The subjective version focuses on whether or not the defendant was
predisposed to commit the crime anyway. The objective version focuses on whether the
government action would cause a reasonable, law-abiding person to commit a crime even if
they were predisposed to commit the crime. The objective test focuses on the methods used
by the government and attempts to deter the use of unsavory methods.
REFERENCES: The Entrapment Defense
encourage it.
99. What impact did the acquittal of John Hinckley have on the insanity defense in the United States? Be sure to provide
examples.
ANSWER: John Hinckley, who attempted to assassinate President Reagan, was found not guilty by
reason of insanity. This verdict troubled many experts in part because the prosecution was
required to prove that Hinckley was sane beyond a reasonable doubt. Subsequent federal
legislation places the burden on the defendant to prove their insanity by clear and convincing
evidence. Some states also changed their law to place the burden of proof on the defendant.
The federal government shifted the burden of proof to the defendant by clear and convincing
evidence and eliminated any volitional test of insanity.
100. How do the courts handle juveniles today? How does this differ from the common law?
ANSWER: Today, statutes determine when young people can be convicted of crimes. These statutes
come in several varieties, and they vary as to the age of capacity to commit crimes. One type
of statute identifies a specific age, usually 14, but sometimes as young as 10 and as old as 18.
These statutes usually provide that children under the specified age are subject to juvenile
delinquency proceedings, even very young children. Another type of statute grants exclusive
jurisdiction to juvenile courts up to a certain age but makes exceptions for a list of serious
crimes. A third type of statute simply states that juvenile court jurisdiction isn’t exclusive
(LaFave 2003a, 487). The common law divided children into three categories for the purpose
of deciding their capacity to commit crimes: (1) under age 7, children had no criminal
capacity; (2) aged 7–14, children were presumed to have no criminal capacity, but the
presumption could be overcome; (3) over age 14, children had the same capacity as adults.
Modern statutes focus on when young people can be convicted of crimes.
101. Describe the four elements of the defense of duress. Explain how, depending on the requirements of different states,
a defendant may or may not be able to use the defense of duress based on these four elements.
ANSWER: The four elements in the defense of duress include the nature of the threat, the immediacy of
the threat, the crimes the defense applies to, and the level of belief regarding the threat.
Problems with using the defense of duress relate to the different requirements of different
states regarding the four elements. Nature of the threat: Death threats are required in some
states. Threats of “serious bodily injury” qualify in several. Others don’t specify what threats
qualify. Immediacy of the threats: In some states, the harm has to be “instant.” In others,
“imminent” harm is required. In Louisiana, duress is an excuse only if the defendant
reasonably believed the person making the threats would “immediately carry out the threats if
the crime were not committed.” Crimes the defense applies to: in the majority of states,
duress isn’t a defense to murder. In other states, it’s a defense to all crimes. Some states are
silent on the point. Level of belief regarding the threat: Most states require a reasonable belief
the threat is real. Others demand the threat actually be real. Some say nothing on the point.
102. Voluntary intoxication is no excuse for committing a crime but involuntary intoxication is. Explain why this is the
case. Be sure to include a discussion of accountability and culpability.
ANSWER: According to Professor George Fletcher (1978), the defense of intoxication is “buffeted
between two conflicting principles”: accountability and culpability. Those who get drunk
should take the consequences of their actions. Someone who gets drunk is liable for the
violent consequences. Criminal liability and punishment depend on blameworthiness (846).
Those who voluntarily become intoxicated have exercised free will and thus can be held
accountable for their actions following that decision. The reason the law excuses involuntary
intoxication and not voluntary intoxication is that we can blame voluntarily intoxicated
persons and hold them accountable for their actions. Why? They chose to put themselves in a
state where they either didn’t know or couldn’t control what they were doing. We can’t
blame involuntarily intoxicated persons for their actions. Why not? Because people forced or
tricked into an intoxicated state didn’t choose to put themselves out of control.


103. A number of myths exist regarding the insanity defense. Discuss some of these myths and provide your own
explanation as to why these myths exist.
ANSWER: Myths regarding the insanity defense include: the insanity defense is overused; the use of the
insanity defense is limited to murder cases; there is no risk to the defendant who pleads
insanity; NGRI acquittees are quickly released from custody; NGRI acquittees spend much
less time in custody than do defendants convicted of the same offenses; criminal defendants
who plead insanity are usually faking; and criminal defense attorneys employ the insanity
defense plea solely to “beat the rap.” Students may provide a number of reasons for these
myths but should include a discussion of cases such as Lorena Bobbitt and John Hinckley.
104. Discuss the difference between insanity and competency when proving the affirmative defense of insanity. What two
times are critical?
ANSWER: Insanity refers to the defendant’s mental capacity at the time the crime was committed, while
competence refers to the defendant’s mental capacity to understand the legal proceedings and
work with her lawyer to aid in her own defense. Because the excuse of insanity is an
affirmative defense in most states, sanity and responsibility are presumed unless the
defendant proves otherwise.
105. Explain the difference between diminished capacity and diminished responsibility.
ANSWER: “Diminished capacity” is an unfortunate term. First, it’s not an affirmative defense in the
sense that it excuses criminal conduct. It’s a failure-of-proof defense, “a rule of evidence that
allows the defense to introduce evidence to negate … specific intent” in a very narrow set of
cases—mostly premeditation in first-degree murder. “It is an attempt to prove that the
defendant, incapable of the requisite intent of the crime charged, is innocent of that crime but
may well be guilty of a lesser one” (State v. Phipps 1994, 143)—second-degree murder
instead of first-degree murder.
Second, diminished capacity isn’t the same as diminished responsibility, with which it’s often
confused. Diminished responsibility is a defense of excuse; it’s a variation on the defendant’s
argument, “What I did was wrong, but under the circumstances I’m not responsible.” In
diminished responsibility, the defendant argues, “What I did was wrong, but under the
circumstances I’m less responsible.”
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Test Bank for Criminal Law, 12th Edition

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3. Many defendants plead the insanity defense.

4. The defense of diminished capacity is an affirmative defense.

5. The right–wrong test focuses on defect in reason or cognition.

6. At common law, voluntary intoxication was not a defense.

7. Intoxication is never a defense.

8. Diminished capacity and diminished responsibility are the same thing.

9. There are three different types of juvenile waivers.

10. In the majority of states, duress isn’t a defense to murder.

11. U.S. courts have always accepted the defense of entrapment.

14. Defendants often use syndromes as excuses for committing crimes.

16. Most defendants who utilize the insanity defense do so successfully.

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18. A syndrome is defined as a group of symptoms typical of a particular disease or condition.

21. The use of the insanity defense is limited to murder cases.

26. Most states reject diminished capacity.

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29. Syndrome defenses are used often.

32. Insanity excuses criminal liability

36. What is the name of the right–wrong test of insanity?

38. For purposes of insanity statutes, mental diseases do not include

43. What is another name for the product test?

46. Defendants rarely plead insanity. Those who do

47. The right–wrong test focuses on defect in reason or

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50. Diminished capacity is

52. Which test focuses on reason and self-control?

56. In the majority of states, duress is not a defense for

57. Which test focuses on defect in reason or cognition?

62. The objective test of entrapment focuses on

64. Which of the following is not an excuse for committing a crime?

65. What type of syndrome is often related to military service?

67. Defendants who plead the insanity defense

68. Defendants who plead the insanity defense successfully

69. Diminished capacity is what kind of defense?

70. Diminished responsibility is a defense of

71. According to common law, children aged 7–14

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79. At common law, Joey would

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86. Excuse defenses are defenses.

89. intoxication is no excuse for committing a crime

91. Diminished responsibility is an excuse defense.

92. ____________ intoxication is a defense.

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LEARNING OBJECTIVES: CRLW.SAMA.17.06.08 - To understand that voluntary intoxication is no excuse for

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