Defenses

Question 1

What are the four tests for insanity?

Answer 1

M’Naughten, Irresistible Impulse, Durham, MPC

Question 2

What is the M’Naughten insanity test?

Answer 2

Mental disease; D can’t appreciate the nature and quality of his actions; can’t understand what he’s doing is wrong

Question 3

What is the irresistible impulse test?

Answer 3

D will be found not guilty where he had a mental disease that kept him from controlling his conduct

Question 4

What is the Durham rule for insanity?

Answer 4

D is not criminally liable if the unlawful act was the product of a mental disease or defect

Question 5

What is the MPC test for insanity?

Answer 5

D lacked substantial capacity to appreciate the criminal conduct

Question 6

When is voluntary intoxication a defense?

Answer 6

To specific intent crimes

Question 7

When is involuntary intoxication a defense?

Answer 7

To all crimes

Question 8

When is mistake a defense?

Answer 8

General intent crimes: reasonable and unreasonable mistakes are defenses
Specific intent crimes: only reasonable mistakes are defenses