Defenses Based on Criminal Capacity

Question 1

What is the M’Naughten test for the insanity defense?

Answer 1

At the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or to understand the quality of his actions.

Question 2

What is the irresistible impulse test for the insanity defense?

Answer 2

Defendant lacked the capacity for self control – and free choice

Question 3

What is the Durham Rule test for the insanity defense?

Answer 3

Defendant’s conduct was a product of mental illness

Question 4

What is the MPC test for the insanity defense?

Answer 4

Defendant lacked the ability to conform his conduct to the requirements of the law

Question 5

To what kinds of crimes is voluntary intoxication a defense?

Answer 5

specific intent crimes only

Question 6

To be involuntarily intoxicated, the defendant must either be:

Answer 6

• unknowingly intoxicated, or

* forced to drink

Question 7

Involuntary intoxication is a form of what kind of defense? What is the effect of this categorization?

Answer 7

insanity; it is a defense to all crimes

Question 8

Children of what age have no criminal liability?

Answer 8

under 7

Question 9

What criminal liability do children under age 14 have?

Answer 9

a rebuttable presumption of no criminal liability