competency/insanity

Question 1

definition of competency to stand trial

Answer 1

D can be tried, convicted, and sentenced ONLY IF he’s able to understand the nature of the proceedings, and able to assist in the preparation of a defense

Question 2

four possible verdicts related to competency to stand trial

Answer 2

Guilty, Not Guilty, Not Guilty for Reason of Insanity (NGRI), Guilty but Mentally Ill (GBMI)

Question 3

basic elements of common law insanity

Answer 3

D is excused from liability if the act was the product of a mental disease or defect

Question 4

basic elements of MPC insanity

Answer 4

as a result of mental disease or defect, lacked substantial capacity to appreciate criminality/wrongfulness OR to conform conduct to the requirements of the law

Question 5

burden of proof for insanity

Answer 5

affirmative defense (means defendant can be required to prove it) - most states require proof by a preponderance of the evidence

Question 6

what happens if someone is determined to be incompetent to stand trial?

Answer 6

placed in a medical facility to remain there until they are found competent

Question 7

two tests for insanity

Answer 7

M’Naghten and Irresistible Impulse Test

Question 8

explain the M’Naghten Test related to insanity

Answer 8

disease of mind, caused by a defect of reason such that actor doesn’t know the nature/quality of act, or if he did, didn’t know it was wrong

Question 9

explain Irresistible Impulse Test related to insanity

Answer 9

as a result of mental disease or defect, D lacks susbtantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law (i can’t help myself)

Question 10

how does “diminished capacity” relate to insanity?

Answer 10

mental defect short of insanity

Question 11

applicability of “diminished capacity” defense

Answer 11

not allowed everywhere as a defense - usually only for negating intent of specific intent crimes

Question 12

elements of “diminished capacity” defense

Answer 12

due to mental defect, D did not have the requisite mens rea

Question 13

how is voluntary intoxication used as a defense?

Answer 13

to show lack of mens rea for specific intent crimes

Question 14

for what types of crimes is voluntary intoxication NOT a defense under common law?

Answer 14

for general intent crimes, or for malice or recklessness

Question 15

when can voluntary intox can used as a defense under MPC?

Answer 15

specific intent and general intent crimes - allows intox to negate mens rea

Question 16

three ways that involuntary intox can occur

Answer 16

coercion, mistake (spiked drink), pathological (overreaction to meds)

Question 17

what does NOT count for involuntary intox?

Answer 17

unanticipated impact of combined meds that are voluntarily taken

Question 18

applicability of defense of involuntary intox

Answer 18

usually treated like insanity - could be used for general intent crimes, but not for strict liability

Question 19

two components of extreme emotional disturbance defense

Answer 19

OBJECTIVE - reasonable excuse for the disturbance, SUBJECTIVE - proof that conduct was influenced by that disturbance

Question 20

influence on the charges if “extreme emotional disturbance” defense is effective

Answer 20

affirmative homicide defense is lowered to manslaughter

Question 21

elements of criminal capacity and infancy

Answer 21

under 7, there’s no criminal capacity, over 14 one is fully responsible