Responsibility and Criminal Capacity

Question 1

When is insanity a defense?

Answer 1

Never. KS has abolished the insanity defense.

Question 2

What can mental disease or defect be relevant to show?

Answer 2

It’s relevant to show lack of the requisite mental state.

Question 3

When can evidence of diminished capacity be relevant?

Answer 3

Kansas allows evidence of diminished capacity regarding the specific intent of premeditation required by first degree murder. May also be considered in determining the existence of intent required by any specific intent offense.

Question 4

In KS, when is voluntary intoxication a defense?

Answer 4

It’s NOT a defense to general intent crimes but it may be used to negate the intent of a SPECIFIC INTENT crime.

Question 5

When is involuntary intoxication a defense?

Answer 5

It is a complete defense if it rendered a ∆ substantially incapable of knowing or understanding the wrongfulness of his conduct AND of conforming his conduct to the requirements of the law.