Insanity

Question 1

Insanity as a defense

Answer 1

Absolves culpability in 2 ways:

1) failure of proof
2) excuse

Question 2

Diminished capacity

Answer 2

• accused was not suffering from mental disease or defect sufficient to exonerate him from all criminal responsibility but
• mental capacity was diminished by mental disease so that he or she did not possess the specific mental state or intent essential to the particular offense charged OR
• should be charged with lesser crime

Question 3

M’Naghten Test

Answer 3

A person is insane when as a result of a mental disease or defect he does not know either

1) the nature and quality of the act OR
2) that such act was wrong (morally, legally)

Question 4

Federal insanity test

Answer 4

The defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts

Question 5

Irresistible impulse test

Answer 5

• A person is insane if they can show that as a result of mental disease or defect:
  they could not resist the impulse to commit the crime of which they are accused, due to an inability to control their actions around
• volition: a person who understands the world around him but can’t control himself
• cognition: person’s capacity to understand the world around him

Question 6

Durham (Product) Test

Answer 6

• A person is insane and not responsible for unlawful acts that are the product of a mental disease or defect
• Broad
• But for the mental illness, would the D have committed the crime? = legally insane

Question 7

MPC Substantial Capacity Test

Answer 7

• a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he LACKS SUBSTANTIAL CAPACITY either to
  1) appreciate the criminalality or wrongfulness of his conduct (right from wrong test from M’Naghten- cognitive prong) OR
  2) to conform his conduct to the requirements of law (irresistible impulse test - volitional prong)

Question 8

TN Insanity defense

Answer 8

• A person is insane if at the time of the criminal conduct, “as a result of a severe mental disease or defect, the person was unable to appreciate the nature or wrongfulness of the person’s conduct
• Mental disease or defect does not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct (excludes sociopath/psychopath)
• Insanity is classified as an affirmative defense; D has the burden of proving his insanity defense by clear and convincing evidence

Question 9

Summary

Answer 9

M’NAGHTEN: Insane if from defect of reason from disease of the mind he does not know the nature and quality of act or if he did, he did not know it was wrong
MPC: Insane if as a result of a mental disease or defect, he lacked substantial capacity to appreciate the criminality or conduct or to conform conduct to req. of law

Question 10

Summary continued

Answer 10

FEDERAL TEST: Person is insane if as a result of severe mental disease or defect, he was unable to appreciate the nature and quality of the wrongfulness of acts
IRRESISTABLE IMPULSE: Person is insane if he had, at time of crime, an irresistible impulse, caused by a mental disease/defect which kept him from controlling conduct
DURHAM: person is excused if his unlawful act is a product of a mental disease or defect