Discuss the difference between insanity and competency when proving the affirmative defense of insanity. What two times are critical?
What will be an ideal response?
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.
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The examination of a convicted offender's background prior to sentencing that is generally conducted by probation or parole officials is called the:
a. Presentence investigation. b. Victims' rights investigation. c. Presumptive sentencing investigation. d. General deterrence investigation.
A range of 3-20 years from which the judge may choose at their discretion for the crime of burglary is an example of a(n) ____________________ sentence.
Fill in the blank(s) with the appropriate word(s).
Kerri is a 38-year-old corrections officer who entered the field immediately after high school and did not obtain a college degree. She is feeling burnt out and is considering changing jobs; however, she enjoys the field of criminal justice. Kerri is considering going to college but is self-conscious about her age. If you were Kerri’s friend, what advice would you give her?
a. Encourage Kerri to hang in there and not give in to her feelings, because burnout is temporary. b. Advise Kerri that pursuing a degree would allow her to advance in the field and reassure her that nontraditional college students have much to add to the classroom. c. Remind Kerri that she is lucky to have the job with her lack of degree and inform her that she has good benefits with a good retirement package. d. Explain to Kerri that most colleges don’t admit nontraditional students, and review the research findings that show she will have plenty of opportunity if she works hard enough.
What viewpoint calls for trying all foreign suspects by military commissions?
a. the terrorist-acts-as-enemy-combatants view b. the terrorist-acts-as-crime view c. the terrorist-acts-as-suspect view d. the terrorist-acts-as-war view