Criminal Law Flashcards
1
Q
M’Naghten Test
A
Defendant is not guilty if because his mental disease or defect he did not know 1. the nature or quality of the act or 2. the wrongfulness of the act.
2
Q
Irresistable impulse test
A
Under the irresistable impulse test, defendant is not guilty is because of mental disease or defect, defendant lacked the capacity for self control or free choice.
3
Q
Durham Rule
A
The Durham rule is a but for test. Defendant is not guilty of an unlawful act that is a product of defendant’s mental disease or defect if the unlawful act would not have taken place but for defendant’s mental disease or defect.
4
Q
MPC Insanity Test
A
MPC Insanity Test combines the M’Naghten test and the irresistable impulse test.