Criminal Defenses

Question 1

M’Naughten

Answer 1

Focuses on the D’s reasoning abilities. D is relieved of criminal responsibility upon proof that he was laboring under such a defect of reason from a disease of the mind as not to know the nature and quality of the act he was doing, or that he did not know that what he was doing was wrong.

Question 2

Irresistable impulse test

Answer 2

D will be found no guilty where he had a mental disease that kept him from controlling his conduct.

Question 3

Durham Test

Answer 3

D is not criminally liable if the act was a product of the cease or defect

Question 4

MPC/Substantial Capacity

Answer 4

D will be found not guilty if at the time of conduct, and as a result of the disease, he lacked substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

Question 5

Voluntary Intoxication

Answer 5

May be a valid defense for a specific intent crime if it negates the requisite mens rea. IT is not a defense to general intent crimes and will not negate recklessness, negligence, or strict liability

Question 6

Involuntary intoxication

Answer 6

is a defense to a crime, even if it does not negate an element of the crime, under the same circumstances as insanity

Question 7

Mistake

Answer 7

Mistake of Fact is a defense where it negates the existence of a mental state required to establish a material element of the crime.
General Intent: mistake of fact must be reasonable.
Specifici Intent: a mistake of fact need not be reasonable so long as it is an honest mistake.