Homework Help

What does "malingering" refer to with regard to law? 1. lying to create a viable...

user profile pic

newspapers | (Level 2) Honors

Posted August 27, 2013 at 1:49 AM via web

dislike 1 like

What does "malingering" refer to with regard to law?

1. lying to create a viable defense

2. making up a story to make another person seem guilty of the offense

3. trying to appear more impaired and mentally ill so as to avoid prosecution

4. attempting to establish an alibi that is impossible to confirm or disconfirm

1 Answer | Add Yours

user profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted August 27, 2013 at 1:57 AM (Answer #1)

dislike 0 like

Of the choices that you have given in this question, the only one that could count as malingering would be Option C.  None of the rest fit the definition of malingering.

Malingering can be defined as the process of faking or exaggerating symptoms of a condition for the purpose of getting some kind of personal benefit.  In a court of law, a person could malinger for at least two main reasons.  For example, a person who had been injured in some way could malinger by exaggerating the symptoms of the injury in hopes of getting a large settlement from the party responsible for the person’s injury.  As another example, the person could pretend to have some sort of a mental illness so as to avoid being convicted of a crime.  The person would fake the symptoms in order to try to plead not guilty by reason of insanity or to claim diminished capacity.

Of the choices that you have given us, only Option C is similar to this definition of malingering.  Therefore, C is the right answer.

Join to answer this question

Join a community of thousands of dedicated teachers and students.

Join eNotes