Defenses Flashcards
1
Q
MNaughten Rule
A
defect of reason from a disease of the mind defendant lacked the ability to:
- know the wrongfulness of his actions (moral incapacity)
- understand the nature and quality of his actions (cognitive incapacity)
2
Q
Irresistible impulse test
A
defendant knows difference between right and wrong
- knew the act was wrong
- but cannot be convicted if he acted under and irresistible impulse.
- Volitional incapacity
3
Q
MPC ALI Insanity
A
Due to mental disease, defendant lacked capacity to:
- appreciate the criminality of his conduct
- conform his conduct to the requirements of the law.
4
Q
Entrapment
A
D must offer evidence that:
- Criminal design began with law enforcement officers
- defendant had no prior predisposition to commit the crime before his enlistment.
5
Q
Duress
A
- individual is faced with a threat of death or serious bodily injury and
- Chooses to commit a crime rather than face the threatened consequences
- Reasonable belief that threat is serious
- no reasonable means of escape.
