Defenses

Question 1

Insanity

Answer 1

M’Naghten—D did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act, because of a defect of reason due to mental disease
==> (“right from wrong” test) ==> M’not or ought

Irresistible impulse—D lacked capacity for self-control and free choice due to mental
disease or defect (inability to conform conduct to the law)

Durham—the unlawful act was the product of D’s mental disease or defect (“but for” test)

MPC (combines M’Naghten and irresistible impulse)—at the time of the conduct, D lacked substantial capacity to appreciate the wrongfulness of the act OR to conform his conduct to law, as a result of mental disease or defect