capacity defenses

Question 1

four legal insanity tests

Answer 1

1) M’Naghten
2) irresistible impulse
3) MPC
4) Durham

Question 2

M’Naghten test

Answer 2

D doesn’t know right from wrong

Question 3

irresistible impulse test

Answer 3

D acted due to an irresistible impulse; couldn’t control actions or conform conduct to the law

Question 4

MPC insanity test

Answer 4

combo of M’Naghten and irresistible impulse

b/c of mental illness, D lacked the capacity to either appreciate the criminality of his conduct or conform conduct to requirements of the law

Question 5

Durham test

Answer 5

but for mental illness, D would not have acted

Question 6

infancy defense

Answer 6

under 7 years old = no criminal liability

7-14 years old = rebuttable presumption against criminal activity

Question 7

diminished capacity

Answer 7

available if D can show that he has some mental defect short of insanity that prevented him from forming the mental state required for the crime; usually limited to specific intent crimes

Question 8

voluntary intoxication

Answer 8

defense to specific intent crimes; not available if D becomes intoxicated in order to commit the crime (i.e. “liquid courage”)

Question 9

involuntary intoxication

Answer 9

defense to all crimes; arises when D was given an intoxicant without her knowledge or forced to consume an intoxicant

Question 10

involuntary intoxication elements

Answer 10

an intoxicant is taken involuntarily if taken:
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