Defenses for Crimes Based on Criminal Capacity (INSANITY)

Question 1

Insanity Four Theories

Answer 1

M’Nagten Rule, Irresistible Impulse, Durham Rule, MPC

Question 2

M’Nagten Rule

Answer 2

mental disease or defect that caused lack of ability to not know that his actions would be wrong OR understand the nature and quality of his actions.

DID NOT KNOW RIGHT FROM WRONG

Question 3

Irresistible Impulse

Answer 3

Because of mental illness, was unable to control his actions OR conform his conduct to the law

IMPULSE THAT DEFENDANT CANNOT RESIST

Question 4

Durham Rule

Answer 4

Conduct product of mental illness

BUT FOR MENTAL ILLNESS

Question 5

MPC

Answer 5

lacked substantial capacity to either: Appreciate the criminality of his conduct OR conform his conduct to the requirements of the law.

Combination of M’Naghten and Irresistible Impulse

Question 6

Burden of Proving Insanity

Answer 6

All defendant presumed sane

Some states require defendants to prove insanity by preponderance of evidence.

Some states (MPC) require prosecution to prove sanity of defendant beyond a reasonable doubt.

Question 7

Mental Condition During Criminal Trial

Answer 7

Under 5th may not be tried convicted or sentenced if, as a result of the mental disease or defect defendant is:

unable to understand the nature of the proceeding being brought against him OR

unable to assist his lawyer in the preparation of his defense