Criminal law: Defense negotiating capacity

Question 1

3 defenses negating capacity

Answer 1

A. Insanity

B. Intoxication

C. Infancy

Question 2

Insanity: Test: M’Naghten Rule

Answer 2

M’Naghten Rule (majority and federal courts):

at the time of the crime, the accused suffered from a mental disease or defect and the accused did not know what he was doing was legally wrong

• A defendant is not entitled to acquittal merely because he believes his acts are morally right
• psychopaths and sociopaths are not eligible for the insanity defenses

Question 3

Insanity: Test: irresistible impulse

Answer 3

at the time of the crime, the accused suffered from a mental disease or defect and the accused may have known that his act was wrong, but could not resist

Question 4

Insanity: Test: M.P.C.

Answer 4

a defendant is not guilty if he can satisfy either the M’Naghten or Irresistible Impulse test

Question 5

insanity: Burden of proof

Answer 5

the state may require the accused to prove insanity by either a preponderance of the evidence or clear and convincing evidence as an affirmative defense;

in fact, a state could probably eliminate the insanity defense altogether without violating the U.S. Constitution

Question 6

insanity: Incompetent to stand trial

Answer 6

exists if the accused is unable to understand the nature of proceedings or to assist his counsel

Burden of Proof:
the state may require the accused to prove incompetency by a preponderance, but not by clear and convincing evidence, as this would violate due process

Question 7

Intoxication: Voluntary intoxication

Answer 7

intoxication by drugs or alcohol that is self-induced and taken without duress

A defense to specific intent crimes only

Liquid Courage:

Voluntary intoxication is not a defense to any crime if the accused used alcohol or drugs to “build up his nerve or courage” to commit the crime

Voluntary intoxication is not a defense to general intent crimes, malice crimes, or strict liability crimes

Question 8

intoxication: involuntary intoxication

Answer 8

taking an intoxicating substance:

(a) without knowledge of its properties,
(b) under duress imposed by another, or
(c) pursuant to medical advice and without knowledge of its intoxicating effects

Involuntary intoxication is treated the same as insanity and thus is a defense to nearly all crimes

Question 9

Infancy

Answer 9

At common law:

Under age 7, no criminal liability

Age 7-14, rebuttable presumption of no criminal liability

Over age 14, treated as adults