5/6 Flashcards
Perfect defenses v. Imperfect defenses
If a defense reduces the severity of the offense, it is called an imperfect defense.
If a defense results in an acquittal, it is called a perfect defense.
imperfect defense =still guilty
perfect defense =is innocent.
M’Naughten Rule
defendants are not legally responsible for their acts, if, due to a defect of the mind, at the time of the crime they were unable to understand the difference between right and wrong
Irresistible impulse test
Knows action is wrong, but can’t resist compulsion to act due to mental illness
“Substantial Capacity”
used to determine criminal responsibility based on whether the defendant could:
Distinguish between right and wrong or
Conform his or her conduct to the requirements of law
Diminished Capacity
In a successful legal insanity defense, the court retains control of the defendant and may order involuntary commitment, a successful diminished capacity defense results in a complete acquittal of the crime charged
insanity defense
An excuse for conduct
A reason to prohibit criminal punishment or as a basis for commitment
the defendant will be committed to a mental institution under the laws of that state if “insane”
RARE
Age Defense
0-7 years old: No criminal capabilities
7-14 years old: Rebuttable Presumption
14-17 years old: Criminal Responsibility
Cases heard in Juvenile Court v. Cases heard in Adult Court
Juvenile Court designed to rehabilitate
Adult Court designed to punish
Standard in determining which court the juvenile’s case will be heard: Whether the juvenile is amenable to treatment and supervision?
*Certification (sometimes referred to as waiver/waived) v. Decertification
cert=must work/legally work
decert=not allowed to work
Limits of Insanity defense
The voluntary use of drugs or alcohol Compulsive gambling Television intoxication Premenstrual syndrome So-called cultural defenses
Voluntary v. involuntary Intoxication defenses
Voluntary intoxication is self-induced intoxication. Involuntary intoxication is intoxication caused by someone or something else
Ex: addicted to drugs vs spiked drinks
Self-defense (elements)
The unlawfulness of the other’s action
The necessity to defend oneself immediately
The reasonableness of the act of self-defense under the circumstance
Justifications of self-defense
Unprovoked Attack – The initial aggressor cannot use force to defend himself against an attack that he provoked.
Unless the initial attacker completely withdraws, he can defend himself against a subsequent attack by the initial victim(s).
Necessity –A defender can use force to protect against imminent unlawful force against either himself or someone else.
Defense of necessity
A defender can use force to protect against imminent unlawful force against either himself or someone else.
Elements of consent
Must consent Knowingly (cannot be too young, mentally incompetent, or intoxicated) And Voluntarily (cannot be forced, threatened, or tricked).
