Defenses for Crimes - Criminal Liability Flashcards
The Three “Capacity Based” Defenses to criminal liability are:
1) Insanity; 2) Intoxication; 3) Infancy
aka “The Three ‘I’s’”
Insanity has four distinct tests, they are:
1) M’Naghten; (ability to know wrongfulness, nature, or quality of action)
2) Irresistible Impulse;
3) Durham; (action product of mental illness)
4) Model Penal Code (unable to conform)
M’Naghten Test of insanity applies if
at the time of the conduct in question, defendant lacked the ability to know the wrongfulness of his actions, or understand the nature/quality of his actions.
Irresistible Impulse Test of insanity applies if
the defendant lacked the capacity for self-control and free choice.
The Durham Test applies if
the Defendant’s conduct was a product of their mental illness.
The MPC Standard applies if
the defendant lacked the ABILITY to conform their conduct to the requirements of law.
Voluntary Intoxication is also known as
Self-Induced Intoxication
On the bar, addicts and alcoholics are always
voluntarily intoxicated.
Voluntary Intoxication is only a defense to
Specific Intent Crimes, and no other, and intent must develop AFTER intoxication. Can’t decide to go kill your girlfriend, get drunk, and claim as a defense you were drunk when you did it.
Involuntary Intoxication occurs when an individual is
1) Unknowingly (being) intoxicated or 2) is becoming intoxicated under duress. Think of Hazing.
Involuntary Intoxication is considered a form of
Insanity, and is thus a defense to all crimes.
Infancy. Cutoff ages at 7 and 14. The cutoffs hold:
If a defendant is 7 or younger, they can be criminally liable for no action. If the defendant is 14 or younger, there is a “rebuttable presumption” of no criminal liability
