Defenses for crimes based on criminal capacity

Question 1

Insanity: M’Naughten rule

Answer 1

Disease of mind

caused defect of reason, such that…

At the time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions

Question 2

Insanity: Irresistible impuse

Answer 2

D lacked capacity for self control and free choice

unable to control actions or conform conduct to law

Question 3

Insanity: Durham rule

Answer 3

D’s conduct was product of mental illness (but for)

Question 4

Insanity: MPC

Answer 4

D lacked ability to conform his conduct to requirements of law or appreciate criminality of conduct

Question 5

Voluntary intoxication: What it is it and what is it a defense to?

Answer 5

Self-induced intoxication

Defense to specific intent crimes (and NO OTHER kind of crime)

Question 6

Are addicts and alcoholics ever involuntarily intoxicated?

Answer 6

Addicts and alcoholics are always voluntarily intoxicated

Question 7

Involuntary intoxication: What is it and what is it a defense to?

Answer 7

(1) unknowingly being intoxicated, OR
(2) becoming intoxicated under duress

ex.

(1) you have something slipped into your drink (and you didn’t know what it was or what its effects are) OR
(2) you are forced to drink

Involuntary intoxication is a form of insanity. Thus, it is a defense to ALL crimes.

Question 8

Infancy: Criminal liability rules

Answer 8

under age 7 - no criminal liability

under age 14 - rebuttable presumption of no criminal liability