insanity Flashcards
insanity general
insanity does not equal competency to stand trial
insanity is the persons mental condition at the time teh crime was committed
legal defintiion not a mental illness
in most states, burden of production on d to put evidence insane by preponderance of evidence
under federal law, standard is clear and convincing
M’Naghten Test
- at the time of the act did the defendant not know the nature and quality of the act he was doing or
- if the defendant did know, did he know what he was doing was wrong
- if he did not know = insane
- what does know mean
legally or morally wrong
*** person who knows wht he was doing was wrong but cannot control self is not insane under mnaghten
irresistible impulse test
volitionally based test- being unable to control oneself
insane if acted from an uncontrollable impulse
- lacked power to choose between right and wrong AND avoid doing the act
- may know difference between right and wrong but cannot control oneself
criticism: lack of self control is not soemthing we can evaluate with scientific certainty
MPC test
as a result of mental disease or defect, D lacked substantial capacity to:
- appreciate the criminality or wrongfulness of her conduct or
- to conform her condcut to the reqs of law
combination of irresistible impulse and Mnaghten test with liberal language
Durham test aka Product test
- Ds conduct is excused if his act was the product of mental disease or defect
- query: woudl hte conduct have occured but for Ds mental disease
criticism: no definition of mental disease or defect and gives way too much deference to medical experts
federal test
has features of both mnaghten and mpc
- as a result of severe mental disease or defect, D is unable to appreciate 1. nature and quality of conduct and 2. wrongfulness of his conduct
clear and convincing evidence ***
five tests
M'Naghten Irresistible impulse MPC Durham/product federal
