8. Defenses Flashcards
what is the M’Naghten Rule on insanity? (aka–right/wrong test)
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a defendant is entitled to acquittal if…
1) a disease of the mind
2) caused a defect of reason
3) such that the defendant lacked the ability at the time of their actions to either KNOW the wrongfulness of their actions OR to UNDERSTAND the nature/quality of their actions
what is the irresistible impulse test for insanity? (aka–self control test)
defendant entitled to acquittal only if, because of a mental illness, they were unable to control their actions OR conform their conduct to the law
what is the Durham test for insanity? (aka–products test)
(minority view)
defendant entitled to acquittal if the crime was the product of their mental illness (would not have been committed but for the disease)
what is the ALI/MPC test for insanity?
(modern trend – blend of irresistible impulse and M’Naghten rule)
defendant entitled to acquittal if
1) they had a mental disease or defect, and
2) as result, lacked the capacity to either APPRECIATE the criminality of their conduct OR CONFORM their conduct to the law
In most states, who bears the burden of proving insanity and by what standard?
defendant bears the burden and must prove insanity by a preponderance of the evidence (if fed court, by clear/convincing evidence)
**NOTE = defendants are PRESUMED sane (they have to raise the issue)
under the MPC, who bears the burden of proving sanity?
the prosecution bears and the burden and must prove sanity BEYOND A REASONABLE DOUBT
must the insanity defense be raised at arraignment?
can be raised then, but doesn’t have to be (won’t be waived if defendant simply pleads not guilty)
does the intoxication defense have to involve alcohol?
no, can be intoxicated via drugs, medicine, etc
when can an intoxication defense be raised?
whenever intoxication negates one of the elements of the crime
when is intoxication considered “voluntary”?
when it is the result of the intentional taking of a substance known to be intoxicating without duress
**NOTE = defense to SPECIFIC intent crimes ONLY
are addicts considered to be “voluntarily” intoxicated?
yes
when is intoxication considered “involuntary”? (3 situations)
only if intoxication results from the taking of an intoxicating substance…
1) without knowledge of its nature,
2) under duress imposed by another, or
3) pursuant to medical advice while unaware of the medicine’s intoxicating effects
**NOTE = can be a defense to ALL crimes
what level of liability follows acts committed by a child under age 7? (CL)
no liability
what presumption follows acts committed by a child between the ages of 7-14? (CL)
rebuttable presumption that the child was unable to understand the wrongfulness of their acts
what level of liability follows acts committed by a child over the age of 14? (CL)
can be treated as adults