Capacity Defenses Flashcards

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1
Q

Four insanity tests?

A

M’Naghten Rule

Irresistible Impulse

Durham Rule

MPC

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2
Q

M’Naghten Rule?

A

At the time of his conduct, D lacked the ability to KNOW THE WRONGFULNESS OR UNDERSTAND the nature and quality of his actions.

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3
Q

Irresistible Impulse test?

A

D lacked the capacity for self-control and free choice.

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4
Q

Durham Rule?

A

D’s conduct was a product of mental illness.

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5
Q

MPC Rule for insanity?

A

D lacked the ability to conform his conduct to the requirements of the law.

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6
Q

Voluntary intoxication is a defense ONLY to which type of crimes?

A

Specific intent

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7
Q

Alcoholics and addicts are/aren’t voluntarily intoxicated for purposes of the MBE.

A

Are

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8
Q

Involuntary intoxication occurs in one of two ways.

A

Unknowingly being intoxicated

Becoming intoxicated under duress

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9
Q

Why is involuntary intoxication a defense to all crimes?

A

Form of insanity

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10
Q

What criminal liability for child under the age of 7?

A

None

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11
Q

What is true of crim. liab. for child between 7 and 14?

A

Rebuttable presumption of no crim. liab.

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