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Question 0

What are some examples of necessity?

Answer 0

• an ambulance speeding to the hospital

- wrestling a gun away from an attacker and using it in self-defense

Question 1

What does the MPC call necessity?

Answer 1

Justification

Question 2

How does the MPC determine justification?

Answer 2

Determines the level of liability based on defendant’s culpability in creating the danger

Question 3

According to the MPC, if you believe your conduct is necessary to avoid harm, that is justifiable so long as what?

Answer 3

• the harm avoided is greater than what the law was trying to protect
• no exceptions or defenses apply

Question 4

What is the difference between MPC necessity and common law necessity?

Answer 4

MPC doesn’t have:

• an imminency requirement
• a prohibition on self-created necessity
• a ban on homicide applicability

Question 5

What are the three different forms of excuse?

Answer 5

• insanity
• infancy
• intoxication (VM)

Question 6

If the defendant is insane at the time of a homicide, he is found what?

Answer 6

Not guilty by reason of insanity

Question 7

If you were found not guilty by reason of insanity, what happens to you?

Answer 7

You’re committed to a mental institution until you have recovered your sanity

Question 8

What are the four things that insanity is used to determine?

Answer 8

• competency to stand trial
• competency to submit to execution
• commitment after an insanity defense
• eligibility for release after commitment

Question 9

What are the disorders that are often raised under the defense of insanity?

Answer 9

• battered spouse
• PTSD
• substance addiction
• postpartum
• multiple personality disorder

Question 10

What are some things that do not count under insanity?

Answer 10

• PMS
• psychopathy
• compulsive gambling disorder

Question 11

What are the four tests of insanity?

Answer 11

• M’Naghten rule
• Irresistible impulse
• MPC/Substantial capacity
• Durham rule

Question 12

Which insanity test is the majority rule?

Answer 12

M’Naghten Rule

Question 13

If an exam doesn’t say which insanity test to use, which one should you assume?

Answer 13

M’Naghten Rule

Question 14

What is the M’Naghten Rule?

Answer 14

If, at the time of the homicide, a mental disease caused by a defect in reasoning showed the D did not know one of the two:

• the nature and quality of his act, or
• that the act was wrong

Question 15

What state of mind are defendants presumed to have?

Answer 15

Defendants are presumed to be sane

Question 16

What does the word “know” mean in the M’Naghten rule?

Answer 16

To be intellectually aware or have a moral appreciation

Question 17

What does “nature and quality of the act” mean for the M’Naghten Rule?

Answer 17

Physical consequences of the act

Question 18

If a defendant has delusions that his wife is a pumpkin pie, and he cuts her up and eats her, can he use the M’Naghten Rule?

Answer 18

Yes, because he didn’t know he was cutting up a human

Question 19

What is the key to the M’Naghten Rule insanity test?

Answer 19

D must be totally unaware or incapable of the elements

Question 20

In order for M’Naghten Rule to apply, the mental disease must be what?

Answer 20

Severe

Question 21

What are some examples of marginal insanity that will not count for the M’Naghten Rule?

Answer 21

• withdrawal from drugs
• temporary insanity from intoxication
• PMS
• Munchhausen by proxy
• insane jealousy
• psychopathy

Question 22

What is psychopathy?

Answer 22

Repetitious performance of antisocial or criminal acts with all the mental facilities involved