Excuses

Question 1

Necessity v. Duress

Answer 1

necessity is response to natural forces. there is no actus reus

Duress results from human threats (actions).
-negates the existence of mens rea for the crime.

Question 2

Duress

Answer 2

commission of a crime due to coercion

Gen rule: may commit crime where reasonable belief of coercion by another with unlawful and imminent threat of death or serious bodily harm to actor or 3rd party

When an individual is faced with a threat of death or serious bodily injury and chooses to commit a crime rather than suffer the threatened consequences

i. Reasonable belief that threat is serious
ii. No reasonable means of escape
iii. (sometimes required to submit to proper authorities after attaining a position of safety- prison escape clause)
- D bore the burden of proof (by preponderance of the evidence)
d. CANNOT JUSTIFY THE INTENTIONAL KILLING OF AN INNOCENT 3RD PERSON

Question 3

Nature of threat for Duress

Answer 3

e. Nature of Threat: threat must be one reasonable person could not expect to resist

Objective Test: focus on actual coercion, not coerced person’s belief

ii. Threat to Third Parties: majority rule:
1. Minority rule- only threats to close relatives
f. Recklessness or Negligence: no duress where person recklessly or negligently placed self in probable duress situation

Question 4

Prison Escape Clause

Answer 4

sometimes additional requirement of good faith effort to turn self in after escape of duress ended

Question 5

Insanity

Answer 5

not guilty by reason of insanity verdict is complete defense

Question 6

Time of Crime for Insanity

Answer 6

insanity focus is time crime committed unlike competency focus on trial and ability to understand proceedings and participate in defense

Question 7

M’Naghten Test (Insanity)

Answer 7

traditional and most widely used
“A person is not responsible for criminal conduct if at time of such conduct
1) he was suffering from such mental disease or defect as not to know the nature and quality of the act or,

2) if he did know, that he did not know what he was doing was wrong”

Question 8

Cognitive Incapacity Prong

Answer 8

“nature and quality” focus on whether mental defect left accused unable to understand what he or she was doing

Question 9

Moral Incapacity Prong

Answer 9

“did not know that what he was doing was wrong” focus on whether a mental disease or defect left accused unable to understand actions were wrong

Question 10

Irresistible Impluse

Answer 10

in addition to M’Naghten minority: also insane if acted on uncontrollable impulse rendering actor powerless to resist

Question 11

MPC Test (Insanity)

Answer 11

“ a person is not responsible for criminal conduct if at the time of such conduct a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.

Question 12

Differences between MPC and M’Naghten

Answer 12

MPC test includes more types and degree of mental impairment

Question 13

Guilty but Mentally ILL

Answer 13

Δ is convicted of crime

-Requires prosecution to determine if psychiatric treatment is warranted – if yes, then have committed for no longer than sentence (unless prosecution can prove reason for continued commitment)

Question 14

Insanity Acquittal

Answer 14

Sometimes – committed to a mental health facility

Most – decision to commit discretionary