Module 9 Flashcards
It’s two states had abandoned the felony murder rule by 1980?
Kentucky and Hawaii
What is the purpose of the felony murder rule?
To create an added deterrent to the perpetration of felonies which, by their nature or circumstances, create a foreseeable risk of death
When causing a particular result is an element of the crime, then what?
The defendants conduct must be the cause in fact of the forbidden results, and the results which actually occurs must be enough similar to, and occur in a manner enough similar to the result or manner which the defendant intended
If the actual result of the defendant’s conduct varies from the result which the defendant intended, then when the defendant acts or fails to act:
With the intent to harm another person, but he instead harms the third person who he did not intend to harm, the law considers him just as guilty as if he had actually harmed the intended victim
If a defendant intends to kill someone, but just injures them and that person dies as a result of a physician’s negligent treatment of the wound, who is responsible?
The defendant is guilty of murder
How is the insanity defense very different from other defenses?
If it is successful there’ll be a verdict of not guilty by reason of insanity, and the defendant will be committed to a mental institution until his recovered his sanity. Other defenses exculpate the defendant from my ability
What are the four things that insanity is used to determine?
- Who is competent to stand trial
- Who is incompetent for execution
- Should be committed after an insanity finding
- Who is in eligible for release after commitment
What are all the different tests for insanity?
A) M’Naghten Rule
B) irresistible impulse test
C) Durham Rule
D) ALI/MPC approach
What is another name for the M’Naugten rule?
The right wrong test
How predominant is the M’Naugten rule?
Majority approach to insanity. Federal courts’ rule, minority of states use the MPC approach
What is the M’Naugten rule?
The defendant cannot be convicted if, at the time he committed the act, he was laboring under such a defective reason, from a disease of the mind, as to not know the nature and quality of the activities doing, or, if he didn’t know it, as not to know he was doing what was wrong
What was the result of the M’Naugten case of 1843?
D shot and killed someone thinking it was someone else that was heading a conspiracy against him. Defendant was not guilty by reason of insanity
What are the two elements of the MN rule?
- Disability: that the accused have suffered a defective reason, from a disease of the mind, and
- Result: that consequently at the time of the act he did not know
I) The nature and quality of the act, or
II) that the act was wrong
What is a disease of the mind under the MN rule?
Mental abnormality, be it psychosis, neurosis, organic brain disorder, congenital intellectual difficulty (Low IQ or feeblemindedness) will suffice if it has caused the consequences of the second part of the test of the MN rule
If the defendant’s mental condition is marginal, will the Court hold that he is insane?
Generally no
If you are in withdrawal from drugs or alcohol, can that be an insanity defense?
No
Can the temporary insanity that comes from intoxication be a defense?
No, because you voluntarily drank the alcohol
Can insane jealousy count as an insanity defense?
No
Can PTSD count as an insanity defense?
Yes because PTSD constitutes a mental disease
Can postpartum depression count as an insanity defense?
Yes because it prevents the defendant from understanding the nature and quality of her act, or knowing that her act is wrong
Does multiple personality disorder count as an insanity defense?
Yes because it is a dissociative identity disorder that has been deemed a mental disease. Courts have applied three approaches to this disease
What are the three approaches courts have applied to multiple personality disorder?
A) prevailing alter approach: considers the culpability of the personality that committed the crime
B) selfdom-used unified approach: focuses on the person as a whole without regarding which personality was in control
C) host approach: the most personality did not plan or participate in the offense (most likely category for defendant to prevail in)
What is a homosexual panic?
The idea that a person can be so upset by a homosexual advance of the become temporarily insane
Can homosexual panic work as a defense?
Generally no, but sometimes it has been allowed to go to jury and has succeeded