Capacity Defenses

Question 1

Insanity

Answer 1

Legal insanity is a defense to ALL crimes, regardless of the intent requirement
-Depending on the jurisdiction, one of four test is used to determine whether D was so mentally ill when he committed a crime that he should be entitled to acquittal

Four tests:
1. M’Naghten
2. Irresistible Impulse
3. MPC
4. Durham

Note: MBE questions will indicate which test applies

Question 2

M’Naghten legal insanity test

Answer 2

D doesn’t know right from wrong
-Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act

Question 3

Irresistible Impulse

Answer 3

D acted due to an irresistble impulse
-Due to a mental illness, D was unable to control his actions or conform his conduct to the law

Question 4

MPC legal insanity test

Answer 4

Combination of M’Naghten and 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

Question 5

Durham legal insanity test

Answer 5

But for his mental illness, D would not have acted
-D’s conduct was the product of a mental illness

Question 6

Infancy

Answer 6

A defense to criminal liability for minors
-Under 7 years old: no criminal liability
-7-14 years old: rebuttable presumption against criminal liability

Question 7

Diminished capacity

Answer 7

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 the crime
-Usually limited to specific intent crimes

Question 8

Due process and D’s mental condition

Answer 8

Due Process Clause forbids D from being tried, convicted, or sentenced if, as a result of his mental disease or defect, D is unable to either:

a) Understand the nature of the proceeding, or
b) Assist his lawyer in the preparation of his defense

Question 9

Capital punishment

Answer 9

D cannot be executed if he is incapable of understanding the nature and purpose of the punishment at the time of execution

Question 9

Voluntary intoxication

Answer 9

A defense to specific intent crimes

-Voluntary intoxication = D chose to consume an intoxicant: alcoholics and addicts are voluntarily intoxicated
-Not available if D becomes intoxicated in order to commit the crime (i.e., “liquid courage”)
-Only a defense to specific intent crimes

Question 9

Involuntary intoxication

Answer 9

A defense to ALL crimes
-Arises when D was given an intoxicant without her knowledge or forced to consume and intoxicant

Requirements: an intoxicant is taken involuntarily if taken:
a) Without knowledge of its nature,
b) Under direct duress imposed by another person, or
c) Pursuant to medical advice without notice of its intoxicating effect

-May be treated as a mental illness if, because of the intoxication, D satisfies the relevant jurisdiction’s insanity test