DEFENSES

Question 1

INSANITY

Answer 1

D MUST have a mental disease or defect

Question 2

Tests for whether mental disease or defect refered the D legally insane:

M’NaughtenTest

Majority Test - Purely Cognitive

Answer 2

D must prove that he either:

a. Did not know that his conduct was wrong, or
b. Did not understand the nature of his conduct

Question 3

Tests to gauge whether mental disease or defect renders the D legally insane:

Irresistible Impulse Test

Volutional Test

Answer 3

D must prove that he either:

a. was unable to control his actions, OR
b. was unable to conform his conduct to the law

Question 4

Test to gauge whether the mental disease renders D legally insane:

MPC

Cognitive & Volitional

Answer 4

MPC Test [mix] If the D lacked the substantial capacity to EITHER

a. Appreciate the criminality of his conduct, OR
b. Conform his conduct to the reqs of the law

Question 5

Test to gauge whether mental disease or defect redners the D legally insane

**New York **

Answer 5

D must prove he lacked substantial capacity to know or appreciate either:

1. The nature and consequences of his conduct, OR
2. That his conduct was wrong.