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Which one of the following is not one of the four items that make the standard f

ID: 3448615 • Letter: W

Question

Which one of the following is not one of the four items that make the standard for proving insanity laid out in the federal test for insanity (Federal Insanity Defense Reform Act).

The federal test includes a “volitional” prong.

The defendant must prove each element of the test by clear and convincing evidence.

The defendant must have been unable to appreciate right from wrong.

Only severe mental diseases or defects qualify as predicates for the insanity defense; less disabling infirmities do not suffice.

A)

The federal test includes a “volitional” prong.

B)

The defendant must prove each element of the test by clear and convincing evidence.

C)

The defendant must have been unable to appreciate right from wrong.

D)

Only severe mental diseases or defects qualify as predicates for the insanity defense; less disabling infirmities do not suffice.

Explanation / Answer

A. The federal test includes a "volition" prong

The American Psychiatric Association supported eliminating the volitional prong to the insanity defense.

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