Criminal Law Flashcards

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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.

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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.

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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.

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4
Q

MPC Insanity Test

A

MPC Insanity Test combines the M’Naghten test and the irresistable impulse test.

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