Chapter 4: Capacity to Commit Crime—Insanity Defense Quiz

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In certain instances the law exempts persons from punishment even though they are not entirely blameless.

True

The burden of proof is on the defendant if insanity is his defense.

True

The law presumes every person charged with a crime to be sane.

True

Unconsciousness caused by voluntary intoxication is not a defense for crimes requiring only general intent.

True

When one does an unlawful act involuntarily and willfully, he is presumed to have intended all natural, probable, and usual consequences of such an act.

True

Where a crime is punishable by the death penalty, no amount of threats, coercion, or duress will relieve a defendant who cooperates in the commission of the offense.

True

Generally, criminal intent is missing in a true "mistake of fact" defense.

True

A misunderstanding of the law is a defense to certain crimes under Penal Code Section 26.

False

A person who is "mentally incapacitated" is legally defined as one whose mental age does not match his chronological age.

False

In all cases, children under fourteen years are held incapable of committing a crime in California.

False

Irresistible and uncontrollable impulses and "moral insanity" constitute defenses to crime in California.

False

Temporary insanity existing at the time of the crime is no longer a defense under the M'Naghten Rule.

False

The Supreme Court has held that most constitutional rights do not apply to juvenile proceedings.

False

The defense that one committed a crime under imminent threat of great bodily harm is applicable to misdemeanors only.

False

The prosecution has the burden of proving a defendant either sane or insane.

False

In California, the test of insanity is based on the M'Naghten Rule

True

A child under fourteen can be convicted of a crime only if it can be proven he knew the wrongfulness of his act.

True

A defense of "mistake of fact" is a question for a jury to decide (if a jury trial).

True

A juvenile aged 16 or older may sometimes be legally tried as an adult.

True

Criminal responsibility means liability to legal punishment.

True


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