Criminal Law 41-45

Question 1

Insanity

What is the Model Penal Code Test?

Answer 1

As a result of a mental disease or defect, the defendant was:

Unable to appreciate the criminality of the conduct; OR

Unable to conform his actions to the law.

Priority: Low

Question 2

Insanity

What is the Irresistible Impulse Test?

Answer 2

Defendant’s mental illness made him:

Unable to control his actions; OR

Unable to conform his actions to the law.

Priority: Low

Question 3

Insanity

What is the Durham Test?

Answer 3

Defendant must show that his unlawful conduct was the product of mental illness.

Priority: Low

Question 4

Justification – Self-Defense

Deadly Force

vs.

Non-Deadly Force

Answer 4

Deadly Force is justified when: (1) the defendant kills another on a reasonable belief, (2) that he was in imminent danger of being killed or suffering great bodily injury, and (3) the use of deadly force was necessary to defend against the danger.

Non-Deadly Force is justified when: (1) the defendant reasonably believes, (2) that he is imminent danger of being harmed, and (3) the force used is proportional to the harm threatened.

Priority: Medium

Question 5

When may an aggressoruse self-defense?

Answer 5

If:

He withdraws from the altercation andcommunicates such intent; OR

The other person suddenly escalates the fight with deadly force and withdrawal is not possible.

Priority: Medium