Criminal Law

Question 1

M’Naghten Test

Answer 1

mental disease or defect rendered D unable to know:

(1) the nature and quality of the act OR
(2) the wrongfulness of the act

Loss of control because of mental illness is NOT a defense

Question 2

incompetency to stand trial

Answer 2

(1) whether D comprehends the nature of the proceedings against him AND
(2) has the ability to consult/aide lawyer with a reasonable degree of rational understanding

If reason to believe, judge has a constitutional duty to investigate and determine competence of D