FBS 153 Final Exam Study Guide

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Questions and Answers

In a criminal trial, the trier of fact is typically the ______.

jury

The two elements usually required to find a defendant Guilty are actus reus and ______.

mens rea

A parasomnia is a ______ disorder.

sleep

If a jury finds a defendant Not Guilty, it does ______ mean the jurors believe the defendant did not do it.

<p>not</p> Signup and view all the answers

In the context of affirmative defenses, a mistake of fact is a ______ justification for committing a crime.

<p>legal</p> Signup and view all the answers

Juvenile justice cases involving serious crimes may be ______, allowing them to be tried in adult court.

<p>waived</p> Signup and view all the answers

Factors that compromise a person's ability to form mens rea include ______, duress, and necessity.

<p>intoxication</p> Signup and view all the answers

An affirmative defense may include arguments based on ______, insanity, or self-defense.

<p>necessity</p> Signup and view all the answers

In a clemency hearing for condemned inmates, a governor is deciding whether to _____ the condemned inmate's death sentence to Life Without Parole.

<p>commute</p> Signup and view all the answers

Fetal Alcohol Syndrome is the leading preventable cause of _____ _____.

<p>intellectual disability</p> Signup and view all the answers

According to Winston Churchill's 1910 speech, 'How we treat our criminals is a test of our _____.'

<p>civilization</p> Signup and view all the answers

When a defendant is found Not Guilty by Reason of Insanity (NGRI), their status changes from being a defendant in the criminal justice system to being a _____ patient.

<p>mental health</p> Signup and view all the answers

_____ are toxic agents that, when exposed to a fetus during pregnancy, can cause physical birth defects.

<p>Teratogens</p> Signup and view all the answers

In a criminal trial, the decision of Guilty or Not Guilty is made by a _____ or jury.

<p>judge</p> Signup and view all the answers

The SCOTUS case _____ v. Georgia involved civilly committed individuals who were no longer violent.

<p>Foucha</p> Signup and view all the answers

The phenomenological method distinguishes between objective realities and _____/subjective realities.

<p>personal</p> Signup and view all the answers

In CA, a defendant must be at least ______ years old to be tried in an adult criminal court.

<p>18</p> Signup and view all the answers

Individuals found NGRI can continue to be forcibly confined in a secure psychiatric institution if they are no longer mentally ______.

<p>disordered</p> Signup and view all the answers

The ______ defense allows defendants to plead Not Guilty by Reason of Insanity.

<p>insanity</p> Signup and view all the answers

The ______ Rule is associated with Daniel McNaughtan's crime and includes a cognitive test.

<p>McNaughtan</p> Signup and view all the answers

The ______ Rule is also known as the 'Product Test'.

<p>Durham</p> Signup and view all the answers

The American Law Institute's ______ is detailed in its Model Penal Code and includes considerations for irresistible impulses.

<p>ALI Rule</p> Signup and view all the answers

Frotteurism, Necrophilia, and Splanchnophilia were paraphilias used in the case of ______ to argue insanity under the ALI Rule.

<p>Jeffrey Dahmer</p> Signup and view all the answers

In general, faking ______ is not considered wise due to the potential legal consequences.

<p>insanity</p> Signup and view all the answers

Psychoses are serious mental disorders characterized by symptoms such as ________________ and/or hallucinations.

<p>delusions</p> Signup and view all the answers

A psychotic disorder that does not include delusions is known as ________________ Disorder.

<p>Delusional</p> Signup and view all the answers

Psychopathy is not considered a form of ________________.

<p>psychosis</p> Signup and view all the answers

Psychopaths often engage in behaviors that are driven by a lack of ________________.

<p>empathy</p> Signup and view all the answers

Robert Hare classifies psychopaths into categories such as primary, secondary, and ________________.

<p>dyssocial</p> Signup and view all the answers

Around ________________% of the general population has Psychopathy, while the percentage is significantly higher in the adult prison population.

<p>1</p> Signup and view all the answers

Psychopathic sex offenders are more motivated by ________________ and excitement rather than by simple sexual arousal.

<p>thrill-seeking</p> Signup and view all the answers

When psychopaths commit suicide, it is most often because they feel ________________ or they seek control over their fate.

<p>boredom</p> Signup and view all the answers

Flashcards

Trier of fact

The jury or judge who determines the facts of a case in a criminal trial.

Actus reus

The physical act of committing a crime. It is the outward manifestation of the crime.

Mens rea

The mental state or intent required for a crime. It refers to the defendant's state of mind when committing the crime.

Parasomnia

A disorder that affects sleep patterns and behaviors, such as sleepwalking.

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Somnambulism

A condition where a person commits a crime involuntarily while sleepwalking or engaging in other sleep-related behaviors.

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Insanity defense

A legal defense where the defendant argues that they did not have the required mental state to be guilty of the crime due to a mental disorder.

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Duress

A defense where the defendant argues that they were forced to commit the crime due to threats of violence or bodily harm.

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Necessity

Situations where a person commits a crime to prevent a greater harm, such as killing someone to save their own life.

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Diminished Capacity defense

A defense of diminished capacity acknowledges a mental impairment, but argues that it didn't fully negate the defendant's ability to understand right from wrong or form the intent to commit the crime. It's a lesser charge, not necessarily claiming complete lack of mental capacity.

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What happened to death row inmates after Furman v. Georgia (1972)?

This SCOTUS ruling in 1972 invalidated the death penalty nationwide, leading to a temporary halt of executions. Many death row inmates had their sentences commuted while the death penalty's legality was being redefined.

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What happens in a clemency hearing?

Clemency is a process where a governor can change a death sentence to a less severe punishment, such as life without parole. This offers a final opportunity for mercy in the face of the death penalty.

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What are teratogens?

Teratogens are substances that can cause birth defects or developmental problems during prenatal development. Think alcohol causing Fetal Alcohol Syndrome (FAS), a major preventable cause of developmental disabilities.

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What did Ann Streissguth highlight in her 1991 article?

In her 1991 article, Streissguth solidified the link between prenatal alcohol exposure and the range of developmental issues associated with Fetal Alcohol Spectrum Disorders (FASDs). It's a crucial piece of evidence for understanding the lasting impacts of teratogens.

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What is the phenomenological method?

The phenomenal method emphasizes understanding individual experiences and subjective realities. It's contrasting to objective realities, allowing for a deeper exploration of personal perspectives

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What is John McGarrahan's argument about murder?

The Op-Ed piece by John McGarrahan argues for a shift in legal definitions of murder. He criticizes the requirement of mens rea (intention) for murder, suggesting that manslaughter (lacking intent) should be a more accessible charge in certain situations.

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How did Winston Churchill view the treatment of criminals?

Winston Churchill's 1910 speech emphasized that a society's treatment of criminals reveals its moral compass. It's a strong call to compassion and fair treatment in the justice system.

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McNaughtan Rule

The legal standard used to determine if a defendant can be found not guilty by reason of insanity (NGRI). It requires the defendant to prove they were unable to understand the wrongfulness of their actions due to a mental illness.

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Durham Rule

A legal defense that suggests a defendant's actions were a product of their mental illness, making them not criminally responsible.

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American Law Institute (ALI) Rule

This rule, found in the Model Penal Code, allows for acquittal if the defendant lacked substantial capacity to appreciate the wrongfulness of their actions or to conform their conduct to the law due to a mental illness.

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Not Guilty By Reason of Insanity (NGRI)

A plea where the defendant admits to committing the crime but claims they were not criminally responsible due to a mental disorder at the time.

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Continued Commitment despite Asymptomatic Status

The legal principle that individuals found NGRI can be involuntarily committed to a secure psychiatric facility even if they are no longer exhibiting mental illness symptoms.

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Clinical Mental Disorder

A disorder recognized by the DSM-5, which encompasses all mental health issues, including depression, anxiety, and schizophrenia.

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Insanity

The legal concept of being immune from criminal prosecution due to a mental disorder at the time of the offense.

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Psychopathology

A state of mental illness or psychological dysfunction, which can include mood disorders, personality disorders, and other mental health conditions.

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Psychosis

A serious mental disorder characterized by a disconnect from reality, often manifested through delusions and/or hallucinations.

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Schizophrenia

A type of psychosis characterized by disordered thinking that is illogical and incoherent. It involves experiencing hallucinations and having delusions.

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Delusional Disorder

A type of psychosis where an individual experiences delusions but does not have hallucinations.

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Psychopathy

A cluster of personality traits characterized by lack of empathy, remorse, and guilt, often accompanied by manipulative behavior and disregard for rules and social norms.

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Primary Psychopathy

A specific type of psychopathy where individuals exhibit a high level of deceitfulness, impulsivity, and risk-taking behavior. They often commit crimes for personal gain or excitement.

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Secondary Psychopathy

A type of psychopathy where individuals exhibit some psychopathic traits but have a more reactive and impulsive nature, often stemming from a difficult upbringing or environmental factors.

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Sociopathy

A behavioral pattern characterized by deceitfulness, disregard for others, and a lack of remorse or guilt. It is often considered synonymous with secondary psychopathy.

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Paraphilic Disorder

A mental disorder where individuals engage in sexual activities that are considered abnormal or harmful, often involving non-consenting individuals or objects.

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Study Notes

FBS 153 Final Exam Study Guide

  • The final exam is scheduled for December 19th, 2024, from 10:00 AM to 7:00 PM.
  • The exam is closed-book and closed-notes.
  • The exam will be 55 minutes long.
  • A writing assignment (#2) will be available for those who chose to do it.
  • The writing assignment begins at 11:00 AM on December 19th, and will have 25 minutes to complete.

Mens Rea and the Judicial System

  • The trier of fact in a criminal trial is the jury.
  • Two elements needed for a "Guilty" verdict are actus reus and mens rea.
  • Actus reus is the act itself; the 2005 Marcus Wesson case demonstrates an exception.
  • Mens rea is criminal intent, and it refers to the defendant having intent at the time of the crime. Planning or premeditation isn't always required.
  • Thinking about committing a crime is not a crime itself, unless there is specific intent present.
  • Strict liability crimes are exceptions to the usual mens rea requirement.
  • Mens rea relates to criminal responsibility and the determination of "Guilty."
  • Kenneth Parks case (acquitted) highlights the defense of lack of mens rea. The case details the crime, the two weapons used, the actions after the crime, and the relevant factors (sleep disorders, etc.). The Supreme Court appeal's outcome is discussed.
  • Factors compromising a person's ability to form mens rea include immaturity of prefrontal cortex, and low moral reasoning level.

Other Relevant Factors

  • Juvenile justice vs. adult criminal justice systems
  • Juveniles are not simply smaller versions of adults.
  • The immaturity of a prefrontal cortex ("rational brain") along with emotional brain's limbic system impact judgment in juveniles.
  • Moral reasoning levels in children, tested through Kohlberg's method, influence maturity and culpability.
  • Cases can be transferred from juvenile to adult court; Judges consider many factors to determine transfer.
  • Affirmative defenses: mistake of fact, intoxication, duress, necessity, self-defense, insanity. A hypothetical surviving 9/11 terrorist case example and the role of the affirmative defense of insanity are relevant.
  • Diminished capacity defense vs. insanity plea. How a diminished capacity differs from insanity.
  • SCOTUS Furman ruling of 1972 had implications for death row inmates.
  • Capital murder sentences and the specifics of mitigating and aggravating factors in varying court cases are addressed in the document.
  • Clemency hearings can alter death sentences to Life Without Parole. Case studies of capital offenses and clemency cases are detailed.
  • Teratogens, like alcohol, can cause birth defects; factors relating to criminal/violent behavior and prenatal exposure to teratogens.
  • Insanity defense: McNaughton Rule, Durham Rule, American Law Institute's (ALI) rule. Cases are mentioned with focus on their defense strategy under these rules.

Psychopathology and Clinical Mental Disorders

  • Different types of mental disorders are explained, including psychosis, schizophrenia, paranoia, and delusional disorder.
  • Psychopaths and their brain structure, brain function, and their cognitive differences from those without this condition are also discussed.
  • Specific examples like Charles Manson, Ted Bundy, and Edward Gein illustrate different circumstances.

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