Capacity Defenses Flashcards
What is insanity a defense to?
All crimes, regardless of the intent requirement.
What is the M’Naghten test for insanity?
The D doesn’t know right from wrong.
Due to a mental disease or defect, at the time of the offense the D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act.
What is the MPC test for insanity?
As a result of D’s mental illness, D lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law
What is the Durham test for insanity
but for his mental illness, D would not have acted. (D’s conduct was a product of his mental illness)
What are the rules for the defense of infancy?
Infancy is a defense to criminal liability for minors.
Under 7, no criminal liability
7-14, rebuttable presumption against criminal liability
What is the rule for the defense “diminished capacity”?
A defense based on D’s mental defect.
What is diminished capacity available to show?
that he has a mental defect short of insanity that prevented him from forming the mental state required for the crime.
usually limited to specific intent crimes
The DP clause forbids the D from being tried, convicted, or sentenced if as a result of his mental disease or defect he is unable to either:
a) understand the nature of the proceeding brought against him or;
b) assist his lawyer in the preparation of his defense
D cannot be executed if he is incapable of understanding
the nature and purpose of the punishment at the time of execution
To what crimes is voluntary intoxication a defense?
A defense to specific intent crimes
When is a D voluntarily intoxicated?
When he chose to consume an intoxicant. Alcoholics and addicts are voluntarily intoxicated.
**not available for liquid courage
To what crimes is involuntary intoxication?
A defense to all crimes
What is involuntary intoxication?
Arises when D was given an intoxicant without her knowledge or forced to consume an intoxicant.
