Mental Capacity Defences Flashcards
What is the legal test for determining mental capacity in criminal cases?
The M’Naghten Rules
True or False: A defendant must have the capacity to understand the nature and quality of their act in order to be found guilty.
True
Fill in the blank: Mental incapacity can be a ______ defense in criminal law.
valid
What is the name of the case that established the legal test for insanity in criminal cases?
M’Naghten’s Case
What is the legal term for the inability to differentiate between right and wrong due to a mental disorder?
Insanity
What is the legal test used in England and Wales to determine criminal responsibility?
The M’Naghten Rules
In the context of mental capacity defenses, what does the term ‘cognitive impairment’ refer to?
Difficulties with thinking and understanding
What is the legal term for a temporary loss of control due to an external factor?
Diminished responsibility
True or False: Mental incapacity can be used as a defense in all criminal cases.
False
What is the legal term for the inability to control one’s actions due to a mental disorder?
Diminished responsibility
What is the legal test (act) for diminished responsibility in criminal cases?
The Homicide Act 1957
Fill in the blank: Diminished responsibility is a ______ defense in criminal law.
partial
True or False: Diminished responsibility can only apply to murder charges.
False
What is the legal term for the inability to form criminal intent due to a mental disorder?
Insanity
What is the legal test for insanity in criminal cases in the United States?
The Irresistible Impulse Test
What is the legal term for the inability to appreciate the nature and quality of one’s actions due to a mental disorder?
Lack of capacity
True or False: Lack of capacity can be a defense for all criminal charges.
False
In the context of mental capacity defenses, what does the term ‘volitional impairment’ refer to?
Difficulties with controlling behavior
What is the legal term for the inability to form criminal intent due to a mental disorder?
Diminished responsibility
What is the legal test for diminished responsibility in Scotland?
The Mental Health (Scotland) Act 1984
Fill in the blank: Diminished responsibility is a ______ defense in Scottish criminal law.
partial
True or False: Diminished responsibility requires a complete lack of control over one’s actions.
False
What is the legal term for the inability to appreciate the consequences of one’s actions due to a mental disorder?
Lack of capacity
What is the legal test for lack of capacity in criminal cases?
The Capacity Test
