Necessity-Duress-Insanity-Competence-Capacity Flashcards
ELEMENTS of Necessity-Duress
a choice of evils and chose the lesser evil
Defendant seeks to avoid immediate Harm
Must be causal relation between defendant’s conduct and harm to be avoided
no other legal alternatives to violating the law
Procedure in Insanity Cases
must be raised by a special plea of insanity
leads to a special verdict: not guilty by reason of insanity
not convicted of a crime and is not sent to prison
is not set free
committed to a state hospital, and can only be released once judge decides that defendant is not a danger to self or to others
M’Naghten test
mentally ill at the time of the offense
defect of reason, from disease of the mind”
So that he did know the nature and quality of the act
Or that if he did know it, he did not know what he was doing was wrong
ALI test
mentally ill at the time of the offense
The defendant lacks substantial capacity either to
Appreciate the wrongfulness of the act
OR to conform his conduct to the law
a choice of evils and chose the lesser evil
Defendant seeks to avoid immediate Harm
Must be causal relation between defendant’s conduct and harm to be avoided
no other legal alternatives to violating the law
ELEMENTS of Necessity-Duress
must be raised by a special plea of insanity
leads to a special verdict: not guilty by reason of insanity
not convicted of a crime and is not sent to prison
is not set free
committed to a state hospital, and can only be released once judge decides that defendant is not a danger to self or to others
Procedure in Insanity Cases
mentally ill at the time of the offense
defect of reason, from disease of the mind”
So that he did know the nature and quality of the act
Or that if he did know it, he did not know what he was doing was wrong
M’Naghten test
mentally ill at the time of the offense
The defendant lacks substantial capacity either to
Appreciate the wrongfulness of the act
OR to conform his conduct to the law
ALI test
