3. Responsibility and Criminal Capacity

Question 1

Who must prove/disprove a defense and to what degree?

Answer 1

Must be disproved by the prosecution beyond a reasonable doubt.

Question 2

Who must prove/disprove an affirmative defense and to what degree?

Answer 2

Must be raised and proved by the defendant by a preponderance of the evidence.

Question 3

NY Insanity Defense

Answer 3

A persona is not criminally responsible for conduct if, at the time of the conduct, as a result of a mental disease or defect, he lacked the substantial capacity to know or appreciate either:

1. the nature and consequence of such conduct, or
2. that such conduct was wrong.

Question 4

How old must one be to be able to be prosecuted for second degree murder?

Answer 4

13 and up

Question 5

How old must one be to be able to be prosecuted for serious offenses against persons or property?

Answer 5

14 and up

Question 6

When are defendant considered juvenile delinquents?

Answer 6

Except for second degree murder or serious offenses against persons or property, a defendant who commits a crime is exclusively subject to family court as a juvenile delinquent if he is over the age of 7 but under the age of 16.