Insanity

Question 1

Three temporal periods to look at mental health

Answer 1

(1) During the time of the crime
(2) At the time of trial
(3) During the serving of the sentence

Question 2

What is malingering?

Answer 2

False insanity defense

Question 3

What does NGRI stand for?

Answer 3

Not guilty by reason of insanity

Question 4

Is a D who is NGRI acquitted and can they be punished?

Answer 4

Yes - acquitted, and no, cannot be punished.

Question 5

Are a small number of D’s who are NGRI conditionally released?

Answer 5

Yes.

Question 6

In most jurisdictions, does a finding of NGRI result in a
separate hearing on the issue of dangerousness
for commitment to a psychiatric inpatient facility?

Answer 6

YES - In most jurisdictions, a finding of NGRI results in a
separate hearing on the issue of dangerousness
for commitment to a psychiatric inpatient facility

Question 7

Does the defendant bear the burden of production
(that is, the burden of raising the issue) in all
jurisdictions?

Answer 7

YES - The defendant bears the burden of production
(that is, the burden of raising the issue) in all
jurisdictions

Question 8

Is the burden of persuasion for insanity defense also on D now?

Answer 8

Yes - in majority of states and federal courts.

Question 9

3 standards of burden of persuasion

Answer 9

Some = preponderance of evidence, 50.1%
Clear + convincing evidence, 70 - 80%
Beyond a reasonable doubt 99.99%?

Question 10

Pre‐Modern Insanity Tests

Answer 10

(1) Wild Beast test
(2) Good v Evil test
(3) 20 Pence test

Question 11

Modern Insanity Tests

Answer 11

(1) M’Naghten Test
(2) Irresistible Impulse Test
(3) Product Test
(4) MPC
(5) Federal test

Question 12

1. Wild Beast Test for Insanity

Answer 12

• mental functioning was no different than that of a wild beast.
• those persons who, like wild animals, lacked the ability to reason

Question 13

2. Good v. Evil Test for Insanity

Answer 13

• defendant does not a have reason whereby she can choose between good and evil.
• focus on defendant’s moral capacity.

Question 14

3. 20 Pence Test for Insanity

Answer 14

• Insane if she could not count till 20 pence.

- focus on cognitive capacity.

Question 15

Do all tests for insanity require that the limitation in the D’s mental functioning be a result of a mental disease or defect?

Answer 15

YES - • All tests for insanity require that the
limitation in the defendant’s mental
functioning be a result of a mental disease or
defect.

Question 16

Do you always have to be mentally ill to be insane?

Answer 16

YES.

Question 17

One exception to the mental disease/defect requirement: Temporary Insanity

Answer 17

In a few cases, defendants were acquitted
after raising a claim that due to external
events, they were rendered temporarily
insane.

Question 18

What counts as MENTAL DISEASE and what doesn’t?

Answer 18

What counts: schizo, bipolar

What doesn’t count: personality disorders, voluntary substance intoxications

Question 19

What counts as MENTAL DEFECT?

Answer 19

• intellectual disability, a deficit in IQ

Question 20

M’Naghten Test

Answer 20

(1) does not know nature of the act that
she was doing (i.e. cognitive incapacity) or
(2) She knew what she was doing, but did not
know that what she was doing was wrong
(ie did not know difference between right
and wrong) (legal/moral wrongfulness)

Question 21

Irresistible Impulse Test

Answer 21

M’NAGHTEN TEST + VOLITIONAL INCAPACITY (Cognitive incapacity + legal/moral wrongfulness +

• due to disease of mind, lost the ability to choose between right and wrong so as to avoid committing the
  act. (i.e. volitional incapacity)

Question 22

Product/Durham Test - from NH

Answer 22

A person is deemed to be insane at the time of the crime if her unlawful act was the product of a mental disease or defect

Question 23

MPC/ALI Test

Answer 23

(1) lacked substantial capacity to appreciate the wrongfulness of her conduct (i.e. cognitive incapacity or
legal/moral wrongfulness); or
(2) lacked substantial capacity to conform her conduct to the requirements of the law (i.e. volitional incapacity)

Question 24

Two changes with MPC/ALI Test

Answer 24

• Substantial Capacity

- Appreciate - diff. from technically knowing and understanding/appreciating it.

Question 25

Federal Test - Post John Hinckley

Answer 25

(1) unable to appreciate the nature
and quality of her conduct (i.e. cognitive
incapacity); OR 
(2) unable to appreciate the
wrongfulness of her conduct (i.e.
legal/moral wrongfulness)

Question 26

Alternate Test by Judge Bazelon

Answer 26

mental or emotional processes were impaired to such an extent that she cannot justly be held liable for actions

Question 27

Is there a presumption of sanity under the law?

Answer 27

YES - D needs to raise the defense.

Question 28

People v Kohl

Answer 28

SC had held that the Fourteenth Amendment’s Due Process Clause is not violated by placing the burden of persuasion on the defendant for affirmative defenses.

Question 29

Clark v Arizona - alien police officer case

Answer 29

SC held that Arizona’s version of the insanity test did not violate the Constitution. Indeed, there is no constitutional requirement for any insanity defense.

• also held that Arizona could restrict expert evidence on mental capacity to the insanity defense, precluding its use on challenges to mens rea.
• BAD LAW.