Capacity Defenses Flashcards
Four insanity tests?
M’Naghten Rule
Irresistible Impulse
Durham Rule
MPC
M’Naghten Rule?
At the time of his conduct, D lacked the ability to KNOW THE WRONGFULNESS OR UNDERSTAND the nature and quality of his actions.
Irresistible Impulse test?
D lacked the capacity for self-control and free choice.
Durham Rule?
D’s conduct was a product of mental illness.
MPC Rule for insanity?
D lacked the ability to conform his conduct to the requirements of the law.
Voluntary intoxication is a defense ONLY to which type of crimes?
Specific intent
Alcoholics and addicts are/aren’t voluntarily intoxicated for purposes of the MBE.
Are
Involuntary intoxication occurs in one of two ways.
Unknowingly being intoxicated
Becoming intoxicated under duress
Why is involuntary intoxication a defense to all crimes?
Form of insanity
What criminal liability for child under the age of 7?
None
What is true of crim. liab. for child between 7 and 14?
Rebuttable presumption of no crim. liab.