Diminished Capacity

Description: Diminished Capacity Quiz
Number of Questions: 15
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Tags: criminal law diminished capacity
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What is the legal definition of diminished capacity?

  1. A mental state that prevents a person from forming the intent to commit a crime.

  2. A mental state that makes a person unable to understand the wrongfulness of their actions.

  3. A mental state that makes a person unable to control their behavior.

  4. All of the above.


Correct Option: D
Explanation:

Diminished capacity is a legal defense that can be used to reduce the severity of a criminal charge. It is based on the idea that a person who is mentally ill or intoxicated may not be able to fully understand the wrongfulness of their actions or control their behavior.

What are the two main types of diminished capacity?

  1. Mental illness and intoxication.

  2. Intellectual disability and mental illness.

  3. Intoxication and intellectual disability.

  4. Mental illness and intellectual disability.


Correct Option: A
Explanation:

The two main types of diminished capacity are mental illness and intoxication. Mental illness can include conditions such as schizophrenia, bipolar disorder, and depression. Intoxication can be caused by alcohol, drugs, or other substances.

What is the M'Naghten Rule?

  1. A legal test for determining whether a person is criminally responsible for their actions.

  2. A legal test for determining whether a person is mentally ill.

  3. A legal test for determining whether a person is intoxicated.

  4. None of the above.


Correct Option: A
Explanation:

The M'Naghten Rule is a legal test for determining whether a person is criminally responsible for their actions. It is based on the idea that a person is not criminally responsible for their actions if they were insane at the time of the crime.

What are the four elements of the M'Naghten Rule?

  1. A defect of reason.

  2. A disease of the mind.

  3. An inability to understand the wrongfulness of one's actions.

  4. All of the above.


Correct Option: D
Explanation:

The four elements of the M'Naghten Rule are a defect of reason, a disease of the mind, an inability to understand the wrongfulness of one's actions, and an inability to control one's behavior.

What is the Irresistible Impulse Test?

  1. A legal test for determining whether a person is criminally responsible for their actions.

  2. A legal test for determining whether a person is mentally ill.

  3. A legal test for determining whether a person is intoxicated.

  4. None of the above.


Correct Option: A
Explanation:

The Irresistible Impulse Test is a legal test for determining whether a person is criminally responsible for their actions. It is based on the idea that a person is not criminally responsible for their actions if they were unable to control their behavior due to a mental illness.

What are the two elements of the Irresistible Impulse Test?

  1. A mental illness.

  2. An inability to control one's behavior.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

The two elements of the Irresistible Impulse Test are a mental illness and an inability to control one's behavior.

What is the Durham Rule?

  1. A legal test for determining whether a person is criminally responsible for their actions.

  2. A legal test for determining whether a person is mentally ill.

  3. A legal test for determining whether a person is intoxicated.

  4. None of the above.


Correct Option: A
Explanation:

The Durham Rule is a legal test for determining whether a person is criminally responsible for their actions. It is based on the idea that a person is not criminally responsible for their actions if their behavior was the product of a mental illness.

What are the two elements of the Durham Rule?

  1. A mental illness.

  2. A causal connection between the mental illness and the criminal behavior.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

The two elements of the Durham Rule are a mental illness and a causal connection between the mental illness and the criminal behavior.

What is the Model Penal Code?

  1. A criminal code that has been adopted by many states in the United States.

  2. A criminal code that has been adopted by the federal government of the United States.

  3. A criminal code that has been adopted by both the federal government and the states in the United States.

  4. None of the above.


Correct Option: A
Explanation:

The Model Penal Code is a criminal code that has been adopted by many states in the United States. It includes a provision for diminished capacity that is based on the Irresistible Impulse Test.

What is the ALI Rule?

  1. A rule that has been adopted by the American Law Institute.

  2. A rule that has been adopted by the federal government of the United States.

  3. A rule that has been adopted by both the federal government and the states in the United States.

  4. None of the above.


Correct Option: A
Explanation:

The ALI Rule is a rule that has been adopted by the American Law Institute. It is based on the Model Penal Code provision for diminished capacity.

What are the three elements of the ALI Rule?

  1. A mental illness.

  2. An inability to control one's behavior.

  3. A substantial impairment of one's capacity to appreciate the wrongfulness of one's actions.

  4. All of the above.


Correct Option: D
Explanation:

The three elements of the ALI Rule are a mental illness, an inability to control one's behavior, and a substantial impairment of one's capacity to appreciate the wrongfulness of one's actions.

What is the difference between diminished capacity and insanity?

  1. Diminished capacity is a defense that can be used to reduce the severity of a criminal charge, while insanity is a defense that can be used to completely avoid a criminal charge.

  2. Diminished capacity is a defense that can be used to completely avoid a criminal charge, while insanity is a defense that can be used to reduce the severity of a criminal charge.

  3. Diminished capacity and insanity are the same thing.

  4. None of the above.


Correct Option: A
Explanation:

Diminished capacity is a defense that can be used to reduce the severity of a criminal charge, while insanity is a defense that can be used to completely avoid a criminal charge. Insanity is a more serious defense than diminished capacity.

What are some of the challenges associated with the diminished capacity defense?

  1. It can be difficult to prove that a person was suffering from a mental illness at the time of the crime.

  2. It can be difficult to prove that a person's mental illness caused them to commit the crime.

  3. It can be difficult to prove that a person's mental illness substantially impaired their capacity to appreciate the wrongfulness of their actions.

  4. All of the above.


Correct Option: D
Explanation:

There are a number of challenges associated with the diminished capacity defense. These challenges include the difficulty of proving that a person was suffering from a mental illness at the time of the crime, the difficulty of proving that a person's mental illness caused them to commit the crime, and the difficulty of proving that a person's mental illness substantially impaired their capacity to appreciate the wrongfulness of their actions.

What are some of the arguments for and against the diminished capacity defense?

  1. Arguments for the diminished capacity defense include the idea that it is unfair to punish someone who is mentally ill for a crime that they did not fully understand the wrongfulness of, and that it can help to reduce recidivism by providing treatment for people with mental illness.

  2. Arguments against the diminished capacity defense include the idea that it can be difficult to prove, that it can lead to leniency for people who have committed serious crimes, and that it can undermine the principle of personal responsibility.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

There are a number of arguments for and against the diminished capacity defense. Arguments for the defense include the idea that it is unfair to punish someone who is mentally ill for a crime that they did not fully understand the wrongfulness of, and that it can help to reduce recidivism by providing treatment for people with mental illness. Arguments against the defense include the idea that it can be difficult to prove, that it can lead to leniency for people who have committed serious crimes, and that it can undermine the principle of personal responsibility.

What is the future of the diminished capacity defense?

  1. It is likely to be abolished in the United States.

  2. It is likely to be expanded in the United States.

  3. It is likely to remain the same in the United States.

  4. It is impossible to predict what will happen to the diminished capacity defense in the United States.


Correct Option: D
Explanation:

It is impossible to predict what will happen to the diminished capacity defense in the United States. The future of the defense will depend on a number of factors, including the results of ongoing research on mental illness and criminal behavior, the decisions of courts and legislatures, and the public's attitudes toward mental illness and criminal responsibility.

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