Capacity Defenses Flashcards
capacity defenses
- insanity
- infancy/mental incapacity
- deficiency @ trial
- intoxication
insanity
legal insanity is a defense to ALL crimes regarldess of intent requirement
Four Tests: depending in jx, 1 of 4 tests is used to determine whether D was so mentally ill when he committed a crime that he should be entitled to acquittal
ET: MBE questions will indicate which test applies
four legal insanity tests
- M’Naghten
- Irresistible Impulse
- MPC
- Durham
ET: MBE questions will indicate which test applies
M’Naghten test
D doesn’t know right from wrong
- Due to mental disease or defect, @ time of offense, D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act
Different from irresistable impulse
federal suits?
irresistible impulse test
D acted due to an irresistible impulse (even if knows wrong)
- Due to mental illness, D was unable to control his actions or conform his conduct to the law
can know it’s wrong
MPC insanity test
combination of M’Naghten & irresistible impulse
- as a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law
AKA: either didn’t know it’s wrong OR couldn’t control his conduct
Durham test
but for his mental illness, D would not have acted
- D’s conduct was the product of a mental illness
infancy
a defense to criminal liability for minors
- Under 7 years old: no criminal liability
- 7-14 years old: rebuttable presumption against criminal liability
diminished capacity
a defense based on D’s mental defect
- available if D can show that he has some mental defect short of insanity that prevented him from forming the mental state required for crime
- usually for specific intent crimes
eg, PTSD from war
Due process (DP) & D’s mental condition during trial
DP Clause forbids D from being tried, convicted, or sentenced if, as a result of his mental disease or defect, D is unable to either: 1. understand the nature of the proceeding, or
2. assist his lawyer in preparation of his defense
burden on D to prove
capital punishment limitation
D cannot be executed if he is incapable of understanding the nature and purpose of the punishment @ time of execution
it’s a cruel + unusual punishment
voluntary intoxication
D chose to consume an intoxicant
- voluntary intoxication = reckless
- only a defense to specific intent crimes
- alcoholics & addicts are voluntarily intoxicated
NOT: if D becomes intoxicated in order to commit the crime (ie, “liquid courage”) - NO defense
involuntary intoxication
a defense to ALL crimes
- arises when D was given an intoxicant w/out her knowledge or forced to consume an intoxicant
- may be treated as mental ilness if, b/c of intoxication, D satisfies the relevant jx’s insanity test
involuntary intoxication requirements
an intoxicant is taken involuntarily if taken:
1. w/out knowledge of its nautre,
2. under direct duress imposed by another person, or
3. pursuant to medical advice w/out notice of its intoxicating effects
