Insanity

Question 1

Competency

Answer 1

D’s mental state at trial
incompetent if:
1. lack the capacity to consult rationally with counsel, or
2. is unable to understand the proceedings adequately

can be temporary or permenant; question of law; may be required to submit to psych eval.

Question 2

Effect of Temporary Incompetence

Answer 2

criminal proceedings are suspended
d would ordinairly be commited pending a competency determination

Question 3

Effect of Permanent Incompetence

Answer 3

trial will never occur
d cannot be indefintely committed thus d must be released or committed pursuant to customary civil procedure

Question 4

Sanity

Answer 4

d’s mental state at the time of the offense
- states require d to provide pre-trial notice of intent to raise
- d to provide a list of witnesses
- court can compel d to submit to psych eval

Question 5

five tests for insanity

Answer 5

1. m’naughten rule
2. irresistible impulse test
3. product or durham standard
   **4. MPC (ALI) Test
4. Federal Statutory definition**

Question 6

m’naughten rule

Answer 6

not very importatnt; focus on cognitive disability

insane if at the time of offense, he did not know the nature/quality of the act or did not know it was wrong

Question 7

Irresistible Impulse test

Answer 7

not important; volitional disability

Question 8

durham

Answer 8

not important; mental impairment as causation

Question 9

MPC (ALI) Test

Answer 9

person is not responsible for his criminal conduct , if at the time of the conduct, as a result of his mental disease or defect (causation), he lacks substantial capacity to:

a. appreciate the criminality or wrongfulness of his conduct (cognitive prong; broader than knowing), or
b. conform his conduct to the requirements of the law (volitional prong; requires incapacity not indisposition)

gov. has burden

Question 10

Federal Statutory Disposition

Answer 10

a person is excused by reason of insanity if he proves by clear and convincing evidence that, at the time of the offense, as a result of severe mental disease or defect (causation), he was unable to appreciate:

a. the nature and quality of his conduct
b. the wrongfulness of his conduct

defense has burden.

Question 11

difference between two: MPC

Answer 11

1. v favorable to d; more broad; only need to satisfy one element
2. causation + cognitive or volitional
3. burden of prood is on the gov to disprove insanity beyond a reasonable doubt
4. mental disease or defect
5. cognitive and volitional
6. lacks substantial capacity to appreciate

Question 12

difference between two: Federal

Answer 12

1. much less favorable to the defense due to them having to prove by clear and convincing evidence; predominant template in most states
2. burden of prood is on defense
3. severe mental disease or defect
4. cognitive only
5. unable to appreciate