Capacity Defenses

Question 1

Insanity Definition/Intro

Answer 1

Depending on jurisdiction, one of four tests is used to determine whether D was so mentally ill when he committed a crime that he should be entitled to acquittal.

Question 2

Insanity is a defense to all crimes regardless of the ___ requirement

Answer 2

Intent

Question 3

Insanity

M’Naughten

Answer 3

D doesnt know right from wrong

• Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfullness of his conduct or understand the nature and quality of his acts.

Question 4

Insanity

Irresistible Impluse

Answer 4

D acted due to an irresistible impulse

• Due to a mental illness, D was unable to control his actions or conform his conduct to the law.

Question 5

Insanity

MPC

Answer 5

Combination of M’Naughten & Irresistible Impluse

• As a result of D’s mental disease, D lacked the capacity to either apperciate the criminality of his conduct or conform his conduct to the requirements of the law.

Question 6

Insanity

Durham

Answer 6

But for his mental illness, D would not have acted

• D’s conduct wa the product of a mental illness

Question 7

Infancy is a defense to criminal liability for ____.

Answer 7

Minors

Question 8

Under ___ years old – no criminal liability

Answer 8

7

Question 9

__ – __ years old – rebuttable presumption against criminal liability

Answer 9

7-14

Question 10

Diminished Capacity

Answer 10

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.

Question 11

Diminished capacity is usually limited to ____ intent crimes.

Answer 11

Specific

Question 12

Due Process & D’s mental condition during trial

Answer 12

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

1. Understand the nature of the proceeding brough agaisnt him, or
2. Assist his lawyer in the preparation of his defense.

Question 13

Capital Pubishment

Answer 13

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

Question 14

Voluntary Intoxication

Answer 14

A defense to specific intent crimes.

• voluntary intoxication = D chose to consume an intoxicant.
• Alcoholics and addicts are voluntarily intoxicated.
• Not available if D become intoxicated to commit the crime
• Only a defense to specific intent crimes.

Question 15

Involuntary Intoxication

Answer 15

A defense to all crimes

• Arises when D was given an intoxicant without his knowledge or forced to consume an intoxicant.