Criminal Responsibility/Insanity

Question 1

What is criminal responsibility?

Answer 1

The accused must have the mental state required by law to be guilty of a crime.

Question 2

Difference between evaluation of insanity vs competency

Answer 2

Insanity: mental state at the time of the crime (retrospective)
Competency: current mental state

Question 3

Relevant insanity Standards

Answer 3

Wild Beast Test
M’Naghten standard
Durham Rule
ALI Standard

Question 4

Insanity Defense Reform Act

Answer 4

significantly modified the standard for insanity previously applied in the Federal courts;

placed the burden of proof on the defendant to establish the defense by clear and convincing evidence;

limited the scope of expert testimony on ultimate legal issues;

eliminated the defense of diminished capacity;

created a special verdict of “not guilty only by reason of insanity,” which triggers a commitment proceeding; and

provided for Federal commitment of persons who become insane after having been found guilty or while serving a Federal prison sentence.

Question 5

Difference between NGRI and GBMI

Answer 5

Not Guilty due to Reason of Insanity vs Guilty, but Mentally Ill

Question 6

Possible Outcomes after insanity verdict (4)

Answer 6

1. no outcome: free unless civilly committed
2. Automatic commitment
3. Automatic commitment for observation and eval (30-60 days)
4. Automatic Civil Commitment

Question 7

Insanity vs Competency (verdict)

Answer 7

Insanity concludes the case
Competency delays the case

Question 8

Insanity defense

Answer 8

Requires a MI dx
not a constitutional right
Rarely used and successful
Abolished in Montana, Idaho, Utah, and Kansas

Question 9

Wild Beast Test (1812)

Answer 9

total absence of understanding

Question 10

NGRI/NRRI

Answer 10

Def is acquitted due to lack of mens rea despite actus rea

Question 11

Irresistible Impulse Test

Answer 11

A person may know an act is wrong, but is unable to stop their behavior

Question 12

M’Naghten Standard (1843) 3 prong test

Answer 12

Def must suffer from a disease of the mind
inability to know the nature or quality of the act
does not know right from wrong
*standard in 26 states

Question 13

Product Rule

Answer 13

New Hampshire v. Pike (1869)
NGRI if the crime is a product of mental disease

Question 14

Durham Rule

Answer 14

Durham v. US (1954)
Accused is not criminally responsible if a product of mental disease or defect
*battle of experts

Question 15

McDonald v. US (1962)

Answer 15

Mental disease/defect must substantially impair the defendant

Question 16

American Law Institute (ALI)

Answer 16

Lawyers proposed laws and legal reforms
Federal standard (US v. Brawner, 1972)
compromise between M’Naghten & Durham

• at the time of the conduct, mental disease or defect must result in the defendant lacking substantial capacity to appreciate the criminality or ability to conform conduct

Question 17

Insanity Defense Reform Act (1984)

Answer 17

After Reagan’s assassination attempt by Hinckley
removed volition prong
barred forensic psychologists from testifying as to the ultimate issue
burden of proof on defendant
changed to clear and convincing evidence

Question 18

GBMI

Answer 18

Guilty, but mentally ill
def goes to hospital for treatment then transferred to prison for the remainder of the sentence
about 20 states

Question 19

Forensic Evaluations of Insanity

Answer 19

Def description vs collateral description
exaggeration or malingering

Question 20

Diminished Capacity

Answer 20

Can impact claims of intent
information of mental status w/o claiming insanity