Insanity, Diminished Capacity, Intoxication, Infancy Flashcards
What is the requirement to put on a insanity defense
The D must have a mental disease or defect
Va recognizes how many tests for insanity
2
What is the cognitive test
As a result of D’s mental illness, he is unable to know the nature or consequences of his actions or to know that what he is doing is wrong
What is the Volitional Test
D is so impaired by a mental disease that he is totally deprived of the mental power to control or restrain the act
D must give ____ before trial to mount an insanity defense
60 days notice
What is D’s burden of proof for mounting an insanity defense (3)
1) D must raise insanity as a affirmative defense
2) D must prove existence of a mental disease or defect (which requires expert testimony)
3) D must prove insanity to the satisfaction of the jury
What is the Verdict if the Jury buys the insanity defense
Not guilty by reason of insanity.
Can a juvenile claim an insanity defense ?
No, because it is not required the statute, common law, or the constitution
Can evidence of a D’s mental condition be used to negate mens rea as opposed to the affirmative defense of insanity ?
Yes, via Diminished capacity
When can D use evidence of his diminished capacity ?
Evidence of a D’s mental condition at the time of the offense is relevant and “shall be admitted” if it tends to show that the D did not have the intent required for the offense
D must give ___ in Circuit court of Diminished Capacity defense
60 Days notice
D must give ____ in GDC or JDR of Diminished Capacity Defense
21 Days Notice
A diminished Capacity defense requires
The disclosure of Expert reports
As a General Rule, Voluntary intoxication is
not a defense
Voluntary intoxication is a defense for
The Premeditation element of 1st degree murder
