Responsibility and Criminal Capacity Flashcards
What is the M’Naghten Rule?
Defendant is entitled to acquittal on the basis of an insanity defense if:
(1) disease of the mind
(2) caused a defect of reason
(3) such that the defendant lacked the ability at the time of their actions to either know their wrongfulness or understand the nature and quality of their actions
This test must be met for delusions, belief that one’s actions are morally right, or loss of control as a result of mental illness to be a defense
What is the irresistible impulse test?
A defendant is entitled to acquittal on the basis of insanity only if, as a result of mental illness, they were unable to control tHeir actions or conform their conduct to the law
What is the Durham test?
A defendant is entitled to acquittal if the crime was a product of the mental illness (but for the disease the crime would not have been committed)
A/k/a the new hampshirte test
Broader than m’naghton or irresistible impulse
What is the MPC test for an insanity defense?
A defendant is entitled to acquittal on the basis of insanity if they had a mental disease or defect and as a result lacked the substantial capacity to either (1) appreciate the criminality of their conduct or (2) conform their conduct to the law
What is a shorthand summary of all possible insanity test?
M’Naghten: defendant does not know right from wrong or does not understand their actions
Irresistible impulse — an impulse the defendant cannot resist
Durham — but for the mental illness, no act
MPC — combo of M’Naghten and irresistible impulse
What are the burdens re: an insanity defense?
All defendants are presumed sane and the burden of raising the issue is on the defendant
Once raised, insanity must be proven by defendant by preponderance
Some states and MPC, prosecution must prove sanity beyond a reasonable doubt
Federal courts require defendant to prove by clear and convincing
When may a defense of insanity be raised?
May be raised at arraignment but does not have to be (not guilty will not waive right to later raise it)
When may a defendant refuse a pre-trial psychiatric examination?
If they have not raised insanity, they may refuse court-ordered exam to determine competency
If they have raised insanity, they may not refuse a court ordered exam to aid the court in resolution of insanity plea
What due process rules surround a defendant who is mentally incapacitated at the time of criminal proceedings?
A defendant may not be tried, convicted, or sentenced if, because of mental disease or defect, they cannot understand the nature of the proceedings against them or assist their lawyer in preparation of their defense. No execution if incapable understanding the nature and purpose of the punishment.
Due Process Clause
What is a defense of diminished capacity?
Available in some states, defendant may assert a defect short of insanity undoes the mental state, usually only available for specific intent crimes
When is voluntary intoxication a defense?
Offered only if crime requires purpose or knowledge and the intoxication prevented formulation of purpose or obtaining knowledge. Therefore works for specific intent but not general intent
When is involuntary intoxication a defense?
Involuntary if substance taken without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of intoxicating effect.
May be treated as mental illness and entitled to acquittal if jd’s insanity test is met
When is infancy a defense?
Common law: no liability under age 7, rebuttable presumption of incapacity between 7 and 14, 14 and older treated as adults
Modern approach: no child convictable of a crime until the statutory age minimum (usually 13 or 14) but can be found delinquent in juvenile or family court
