Defenses for Crimes Based on Criminal Capacity

Question 1

Insanity-M’Naghten rule

Answer 1

-at the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions

Question 2

Insanity-irresistible impulse

Answer 2

-Defendant lacked the capacity for self control–and free choice

Question 3

Insanity-Durham rule

Answer 3

-defendant’s conduct was product of mental illness

Question 4

Insanity-Model Penal Code

Answer 4

-defendant lacked ability to conform his conduct to the requirements of law

Question 5

Voluntary Intoxication (self-induced)

Answer 5

a-voluntary intoxication is a defense on the bar exam only to specific intent
b-NOTE-for purposes of the bar exam, addicts and alcoholics are always voluntarily intoxicated

Question 6

Involuntary Intocication

Answer 6

1-unknowingly being intoxicated, or 2-becoming intoxicated under duress
Examples:
a-something slipped into your drink; or
b-forced to drink
c-note-involuntary intoxication is a form of insanity–thus, it’s a defense to all crimes

Question 7

Infancy

Answer 7

1-under age 7-no criminal liability

2-under age 14-a rebuttable presumption of no criminal liability