Excuses Flashcards
What’s the difference between necessity and duress defenses?
Necessity = justification from natural threats (e.g., storms), no legal alternative.
Duress = excuse due to human threats (e.g., “gun to the head”).
What are the elements of duress in U.S. v. Contento-Pachon?
Threat of death/serious harm, imminent danger, no reasonable escape, and coercion must overcome will. Necessity was rejected due to human threat.
How is mental illness treated in the criminal system?
Mental illness ≠ legal insanity. High rates in jails, especially among women. Texas imprisons far more mentally ill than it hospitalizes. Being mentally ill does not mean violent.
What are the 3 key legal insanity questions?
- Legally culpable?
- Competent to stand trial?
- Competent to be executed?
What are common myths about the insanity defense?
It’s overused, only for murder, easy to fake, leads to quick release, or is used to “beat the rap.” These are mostly false.
What is the M’Naghten test for legal insanity?
A person is insane if, due to mental illness, they didn’t know the nature/quality of their act, or didn’t know it was wrong.
How has the insanity defense evolved, and what did Clark v. Arizona and U.S. v. Freeman say?
- Clark v. Arizona: Upheld limits on expert testimony, narrowed defenses given that so many states had their own tests.
- U.S. v. Freeman: Rejected M’Naghten; adopted MPC test—no substantial capacity to appreciate wrongfulness or conform behavior due to mental illness.
Can a defendant reject the insanity defense or be forced to take meds?
Yes, if competent, a defendant can reject the defense. Yes, courts can force antipsychotic medication to restore trial competency under strict standards.
What are key procedural rules related to insanity defenses?
Rule 12.2 requires notice of intent to use the defense. Courts may order psychiatric exams.
Self-representation can be denied if the defendant can’t conduct trial proceedings.
