Criminal Defenses

Question 1

M’Naghten Rule

Answer 1

A defendant is entitled to an acquittal only if he had a mental disease or defect that caused him to either: (1) not know that his act would be wrong; or (2) not understand the nature and the quality of his action. Loss of control because mental illness is no defense.
Defendant does not know right from wrong.

Question 2

Irresistible Impulse Test

Answer 2

A defendant is entitled to acquittal only if, because of a mental illness, he was unable to control his actions or conform his conduct to the law.
An impulse the defendant cannot resist.

Question 3

Durham (NH Test)

Answer 3

A defendant is entitled to acquittal if the crime was the product of his mental illness (i.e., crime would have been committed but for the disease)
But for the mental illness, defendant would not have done the act.

Question 4

ALI or MPC Test

Answer 4

(Modern Trend) A defendant is entitled to a acquittal if he had a mental disease or defect, and as a result he lacked the substantial capacity to either:

(i) Appreciate the criminality of his conduct; or
(ii) Conform his conduct to the requirements of law

Question 5

Entrapment

Answer 5

Entrapment exists only if (i) the criminal design originated with law enforcement officers and (ii) the defendant was not predisposed to commit the crime prior to contact by government. Merely providing the opportunity for a predisposed person to commit a crime is not entrapment.
Cannot be entrapped by a private citizen.