FBS 153 Final Exam Study Guide

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Questions and Answers

Psychoses are serious mental disorders characterized by symptoms such as delusions and/or ______.

hallucinations

Schizophrenia is a disorder primarily affecting ______ thinking.

logical

A Delusional Disorder is a psychosis but without ______ symptoms.

hallucinatory

Psychopathy is often distinguished from psychosis due to the lack of ______ and disconnection from reality.

<p>severe symptoms</p> Signup and view all the answers

Killer Edmund Emil Kemper III is an example of a serious case of ______.

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

Robert Hare identifies psychopathic individuals based on typical ______ they exhibit.

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

When psychopaths commit suicide, it is most often because either they are feeling ______ or they desire a dramatic end.

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

Psychopathic sex offenders are motivated by ______ and excitement rather than simply sexual arousal.

<p>thrill</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

The term NGRI stands for Not Guilty By Reason of ____.

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

The McNaughtan Rule is based on Daniel McNaughtan's crime and is often referred to as the '____ or Wrong' test.

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

The ____ Rule is known as the Product Test.

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

In forensic psychiatry, a clinical mental disorder is classified using the DSM-____.

<p>5</p> Signup and view all the answers

Factors associated with NGRI plea success can include race and ____ status.

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

The irrevocable impulses test is part of the American Law Institute's ALI Rule from the Model ____ Code.

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

Individuals civilly committed as NGRI can continue to be confined even if they are ____.

<p>asymptomatic</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 (FAS) is the leading preventable cause of _____ _____.

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

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

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

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

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

The killings of Bonnie Garland, Jennifer Levin, and Lisa Steinberg criticize the legal requirement of _____ to convict someone for murder.

<p>mens rea</p> Signup and view all the answers

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

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

When a defendant is found NGRI (Not Guilty by Reason of Insanity), they may be sent to a _____ hospital.

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

Teratogenic effects are caused by _____ exposure to toxic agents during pregnancy.

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

In a criminal trial, the trier of fact is also known as the ______.

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

One of the two elements required to find a defendant Guilty in a criminal trial is ______.

<p>actus reus</p> Signup and view all the answers

A parasomnia is a ______ disorder; somnambulism is an example.

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

Judges may waive a juvenile case to adult court, making them treated as any ______ defendant.

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

An acquittal of a defendant means they were found ______ by the jury.

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

Affirmative defenses argue that the defendant lacked ______ necessary to be held criminally responsible.

<p>mens rea</p> Signup and view all the answers

In the context of defenses, ______ can be a legal justification for committing an act that would normally be considered a crime.

<p>self-defense</p> Signup and view all the answers

The necessity defense prevents an ______ death.

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

Flashcards

Trier of Fact

The jury or judge in a criminal trial who decides the guilt or innocence of the defendant based on the evidence presented.

Actus Reus and Mens Rea

A person who commits a crime can be found guilty by a court only if the prosecution proves these two elements.

Parasomnia

A sleep disorder that can cause people to act out violent behavior while they're asleep. For example, Marcus Wesson, who killed nine people in Fresno, California, in 2005.

Mens Rea

The mental state of a person who is committing a crime. It refers to the guilty intent or knowledge that the person had while committing the crime.

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Affirmative Defenses

The legal reasons why a defendant may be found not guilty even if they commit the actus reus, meaning the defendant did the act but didn't have the mens rea.

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Intoxication

A type of mental state used in affirmative defenses where defendants argue they didn't understand the nature of their actions due to intoxication.

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Duress

Also a type of mental state used in affirmative defenses. It describes a time when a person is coerced into doing something by threat of harm.

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Necessity

An affirmative defense where the defendant argues they committed an illegal act to prevent a more serious harm, like death.

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Diminished Capacity

A legal defense in criminal cases arguing that the defendant's mental state was impaired, but not entirely absent, at the time of the crime. They may have understood the nature of their actions but lacked the ability to control their behavior. It's a less severe claim than insanity, which completely negates criminal responsibility.

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Not Guilty by Reason of Insanity

A legal defense in criminal cases where the defendant claims they were unable to understand the wrongfulness of their actions due to mental illness or defect at the time of the crime. It completely absolves the defendant of criminal responsibility.

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Clemency Hearing

A legal process where a governor reviews a condemned inmate's death sentence and can potentially commute it to life imprisonment without parole.

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Teratogens

Any substance, agent, or factor that can cause birth defects or other developmental abnormalities in a fetus.

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Phenomenological Method

The study of someone's subjective experiences and perceptions. It emphasizes the individual's unique viewpoint and understanding of reality.

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Who Decides Guilt / Insanity?

The jury decides whether the defendant is guilty or not guilty in a criminal trial. In an insanity trial, judges typically determine the defendant's sanity.

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What Happens After NGRI?

If a defendant is found Not Guilty by Reason of Insanity (NGRI) they are usually committed to a mental health facility. The decision is based on their condition and the potential threat they pose to society.

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Insanity Defense

A legal defense where a defendant argues they were insane at the time of the crime, and therefore not criminally responsible for their actions.

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McNaughtan Rule

A legal test for insanity based on the ability to distinguish right from wrong at the time of the crime. It focuses on the defendant's cognitive state.

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ALI Rule

This rule defines insanity as a mental disease or defect that makes the defendant incapable of knowing right from wrong or controlling their behavior.

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Durham Rule

The legal standard for insanity used in some states, where the defendant's actions are considered the 'product' of a mental disease or defect.

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Clinical Mental Disorder

A legal term for a diagnosis of a mental illness or disorder, which is not the same as being legally insane.

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Irresistible Impulse

The ability to resist an impulse or urge to commit a crime due to a mental illness.

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Civil Commitment

A legal term that refers to the situation where someone who has been found Not Guilty by Reason of Insanity (NGRI) is still considered dangerous and may be confined.

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Asymptomatic

A condition in which a person is no longer displaying symptoms of a mental disorder, but may still be considered dangerous.

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Psychosis

A serious mental disorder characterized by a loss of touch with reality, often manifesting through symptoms like delusions and hallucinations.

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Delusions

False beliefs that are firmly held despite evidence to the contrary.

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Hallucinations

Perceptions of sensory experiences, such as sounds, sights, smells, or touch, that are not real.

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Schizophasia

A disorder of thinking that leads to illogical and incoherent speech patterns, often with unusual grammar and word combinations.

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Schizophrenia

A complex mental disorder characterized by severe disruptions in thinking, perception, emotion, and behavior. It involves a combination of positive symptoms (e.g., hallucinations, delusions) and negative symptoms (e.g., apathy, social withdrawal).

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Delusional Disorder

A type of psychosis that features persistent delusions but without significant hallucinations or other psychotic symptoms.

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Psychopathy

A personality disorder characterized by a lack of empathy, remorse, and guilt, often accompanied by manipulative and antisocial behavior.

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The Mask of Sanity

A term coined by Hervey Cleckley, describing the deceptive facade that psychopaths present to the world, hiding their true nature.

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Study Notes

FBS 153 Final Exam Study Guide

  • The exam will be available at 10:00 AM on December 19th. It is closed-book/closed-notes.
  • The exam will be 55 minutes long.
  • If choosing Writing Assignment #2, it will be available from 11:00 AM and have a 25-minute time limit.
  • Both the exam and the writing assignment will close at 7:00 PM on December 19th.

Mens Rea and the Judicial System

  • In a criminal trial, the jury is the trier of fact.

  • Two key elements for a guilty verdict are actus reus (the criminal act) and mens rea (criminal intent).

  • The 2005 Marcus Wesson case in Fresno is an example of an exception.

  • Mens rea is the criminal intent at the time of the crime. Planning and premeditation are not always required.

  • Thinking about committing a crime is not necessarily a crime unless the idea is directly acted upon.

  • Exceptions to mens rea exist, such as strict liability crimes.

  • Mens rea relates to criminal responsibility and culpability in determining guilty verdicts.

  • The case of Kenneth Parks (acquitted of killing his mother-in-law): crucial details include his pre-crime actions, the method of the crime, the objects utilized, and the reaction after the crime. Factors considered in his defense included his family history of sleep disorders, resulting in a lack of mens rea. The Supreme Court of Canada upheld his acquittal.

  • Factors that can compromise a person's ability to form mens rea include juvenile status; immaturity of the prefrontal cortex (resulting in poor control of impulses) which comes from the Limbic System ("emotional brain"); level of moral reasoning (as measured by Kohlberg's test).

  • The juvenile justice system (JJS) differs from the adult criminal justice system (CJS). Juveniles are not simply smaller versions of adults; they have different levels of maturity and cognitive development.

  • A defense of diminished capacity differs from a defense of not guilty by reason of insanity. A diminished capacity defense argues that the defendant's mental state lessened their culpability, whereas a NGRI defense argues that the defendant did not have the requisite mental state to commit the crime.

  • In some cases, cases involving serious crimes, juvenile cases can be transferred to adult court and treated as adult cases.

  • Affirmative defenses involve justifications for committing a crime. Examples include mistake of facts, intoxication, duress, necessity, self-defense, and insanity.

  • The 9/11 terrorist case in WA is an example of a possible NGRI plea.

  • The Furman v. Georgia case (1972) resulted in a temporary halt to executions in the U.S.

  • 27 U.S. states currently have the death penalty.

  • A capital trial is divided into a Guilt or Innocence Trial, and in cases of a guilty verdict, a separate Penalty Trial follows. The two possible outcomes in a capital trial are Death Penalty or Life Without Parole.

  • Factors considered in a clemency hearing could involve mitigating (reducing potential culpability) or aggravating (increasing potential culpability) factors.

Additional Topics

  • Factors impacting a person's ability to form mens rea.
  • Legal definitions of insanity.
  • Case studies and examples of various defenses in criminal trials.
  • Juvenile court vs. adult court.
  • History of the death penalty and related legal decisions.
  • Issues related to sentencing and punishment.

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