Defenses for Crimes - Criminal Liability Flashcards

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1
Q

The Three “Capacity Based” Defenses to criminal liability are:

A

1) Insanity; 2) Intoxication; 3) Infancy

aka “The Three ‘I’s’”

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2
Q

Insanity has four distinct tests, they are:

A

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)

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3
Q

M’Naghten Test of insanity applies if

A

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.

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4
Q

Irresistible Impulse Test of insanity applies if

A

the defendant lacked the capacity for self-control and free choice.

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5
Q

The Durham Test applies if

A

the Defendant’s conduct was a product of their mental illness.

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6
Q

The MPC Standard applies if

A

the defendant lacked the ABILITY to conform their conduct to the requirements of law.

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7
Q

Voluntary Intoxication is also known as

A

Self-Induced Intoxication

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8
Q

On the bar, addicts and alcoholics are always

A

voluntarily intoxicated.

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9
Q

Voluntary Intoxication is only a defense to

A

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.

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10
Q

Involuntary Intoxication occurs when an individual is

A

1) Unknowingly (being) intoxicated or 2) is becoming intoxicated under duress. Think of Hazing.

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11
Q

Involuntary Intoxication is considered a form of

A

Insanity, and is thus a defense to all crimes.

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12
Q

Infancy. Cutoff ages at 7 and 14. The cutoffs hold:

A

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

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