3. Capacity Defenses Flashcards
Four Legal Insanity Tests:
♣ M’Naghten
• D doesn’t know right from wrong
o Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act
♣ Irresistible Impulse
• D acted due to an irresistible impulse
o Due to a mental illness, D was unable to control his actions or conform his conduct to the law
♣ MPC
• Combination of M’Naghten & Irresistible Impulse
o As a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.
♣ Durham
• But for his mental illness, D would not have acted
o D’s conduct was the product of a mental illness
Insanity as defense:
Legal insanity is a defense to all crimes, regardless of intent requirement
Infancy:
♣ A defense to criminal liability for minors
♣ Under 7 years old – no criminal liability
♣ 7-14 years old – rebuttable presumption against criminal liability
Diminished Capacity
Defense if D can show he has mental defect short of insanity that prevented him from forming mental state required
Due process and D’s mental condition during trial
♣ Due process clause forbids D from being tried, convicted or sentenced if as a result of his mental illness D is unable to either:
• 1. Understand the nature of the proceeding or
• 2. Assist his lawyer in the preparation of his defense
Capital punishment
♣ D cannot be executed if incapable of understanding nature and purpose of punishment at time of execution.
Intoxication
o Voluntary Intoxication
♣ A defense ONLY to specific intent crimes
• Not available if D becomes intoxicated in order to commit the crime
o Involuntary Intoxication
♣ Defense to all crimes
♣ Requirements:
• 1. Without knowledge of its nature
• 2. Under direct duress imposed by another person or
3. Pursuant to medical advice without notice of its intoxicating effect
