Defenses Negating Criminal Capacity

Question 1

M’Naghten Rule

Answer 1

“Every man is to be presumed to be sane, and … that to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.”

Question 2

Irresistible Impulse Test

Answer 2

Existence of mental illness: The first element involves proving the presence of mental illness.

Causation of inability to control actions: The second element involves establishing a causal link. This link is between the diagnosed mental illness and the defendant’s incapacity to control their actions. This requires proof to show how mental illness directly contributed to the inability to exercise control.

Question 3

What crimes are M’Naghten and Irresistible Impulse defenses to?

Answer 3

All crimes

Question 4

Can voluntary intoxication be a defense to crimes?

Answer 4

Not to a criminal charge BUT may negate deliberate premeditated element of aggravated murder

Question 5

What qualifies as involuntary intoxication? What is it a defense to?

Answer 5

Taking substance with no notice of its nature

under duress

pursuant to medical advice

May be defense to ALL crimes

Question 6

What are capacity defenses for the following ages:

7 or younger

Ages 7-14

14 or older

Answer 6

Defense to all crimes requiring intent

May be a defense to intent crimes

Not a defense