Capacity Defenses Flashcards
What are the capacity defenses?
insanity intoxication infancy diminished capacity due process in trial re D's mental condition
What is legal insanity?
a defense to ALL crimes, regardless of intent requirement
What are the four insanity tests?
- M’naghten
- irresistible impulse
- MPC - combo of M’naghten and II
- Durham
What is the M’naghten test?
D doesn’t know right from wrong due to mental disease or defect at the time of offense
D lacked ability to know the wrongfulness of condcut or understand nature/quality of act
What is the irresistible impulse test?
D acted due to an irresistible impulse due to a mental illness
unable to control his action or conform to conduct required by law
What is the MPC insanity (combo) test?
as a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct (wrongfulness) or conform his conduct to requirements of law (irresistible)
What is the Durham test?
but for D’s mental illness, D would not have acted - D’s conducts is the product of his mental illness
What is the defense of intoxication?
there are two types: voluntary and involuntary
What is the defense of voluntary intoxication?
a defense to SI crimes (only)
- D chose to consume intoxicant (alcoholics and addicts are V intox)
- not available if D becomes intox. to commit the crime
What is the defense of involuntary intoxication?
a defense to ALL crimes
arises when D was given intox. w/o her knowledge or forced to consume an intox.
how do we know if invol?
- w/o knowledge of its nature
- under direct duress imposed by another, or
- pursuant to med. advice w/o notice of its intox. effect
What is the defense of infancy?
defense to criminal liability for minors
- if under 7 y/o, no crim liability
- if 7-14, rebuttable presumption against liability
What is the defense of diminished capacity?
available if D can show that he has some mental defect short of insanity that prevented him from forming the requisite mental state (usually limited to SI crimes)
What does the DP clause require w/ respect to trying/convicting defendants?
cannot try, convict, sentence D if as a result of mental defect, unable to:
- understand nature of proceeding brought against him or
- assist lawyer in defense
Can D be executed if he is unable to understand nature/purpose of punishment at time of execution?
No
