Capacity Defenses

Question 1

Insanity/McNaghten Rule

Answer 1

The McNaghten rule provides a defendant is entitled to acquittal if due to a mental disease or defect he lacked the ability to know the wrongfulness of his act or understand the nature and quality of his actions.

Question 2

Insanity/Irresistible Impulse Rule

Answer 2

The Irresistible Impulse rule provides a defendant is entitled to acquittal if due to a mental illness he was unable to control his actions.

Question 3

Insanity/Durham Rule

Answer 3

The Durham rule provides a defendant is entitled to acquittal if proven that his conduct was the product of his mental illness.

Question 4

Voluntary Intoxication/Define

Answer 4

Voluntary intoxication means defendant chose to consume an intoxicant. Even alcoholics and addicts are deemed voluntarily intoxicated.

Question 5

Voluntary Intoxication/Defense

Answer 5

Voluntary intoxication is a defense to specific intent crimes, but [drinking to build up courage to commit a crime is negates the defense].

Question 6

Involuntary Intoxication/Define

Answer 6

Involuntary intoxication means defendant did not chose to consume an intoxicant. He had no knowledge or was forced.

Question 7

Involuntary Intoxication/Defense

Answer 7

Involuntary intoxication is a defense to all crimes.