Responsibility & Criminal Capacity Flashcards
Insanity: M’Naughten Rule
D entitled to acquittal if:
- Disease of the mind;
- Caused a defect of reason;
- such that the D lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions
Note: Delusions belief that one’s actions are morally right, or loss of control because of mental illness are not defenses unless this test is met.
- Doesnt know right from wrong or doesnt understand his actions
Insanity: Irresistible Impulse Test
A D is entitled to acquittal ONLY if because of mental illness, he was unable to control his actions or conform his conduct to the law.
- An impulse that D cannot resist
Insanity: Durham (of New Hampshire Rule) Test
A D is entitled to acquittal if the crime was the product of his mental illness.
Note: Broader than M’Naughten or Irresistible Impulse test; Followed only in New Hampshire
*But for mental illness, D wold not have done the act
Insanity: ALI or MPC Test
A D is entitled to acquittal if he had a mental disease or defect, and a a result, he lacked the substantial capacity to either:
- Appreciate the criminality of his conduct; OR
- Conform his conduct to the requirements of law
- combination of M’Naughten and irresistible impulse
Insanity Procedures
Burden of Proof: Presumed sane; must raise the issue. Mosts states, D must prove by preponderance of evidence. Othr states (and MPC), prosecution must prove that D was sane beyond reasonable doubt. Federal courts require D to prove insanity by clear and convincing evidence
When to Raise: Can raise at arraignment when the plea is taken, but D need not raise it then. A simple not guilty at that time does not waive the right to waive at some future time.
Pretrial Psyc Exam: Id doesn’t raise insanity issue, he may refuse court-ordered psychiatric exam to determine his competence to stand trial. If D raises the insanity issue, he may not refuse to be examined by a psyc appointed to aid the court in the resolution of his insanity plea
Post-Acquittal Commitment
Most jxs, D committed to mental institution until cured; confinement may exceed the maximum period of incarceration for the offense charged
Insanity: DP Clause of Constitution
D may not be tried, convicted, or sentenced if, as a result of mental disease or defect, he is unable to (1) understand the nature of the proceedings being brought against him; OR (2) to assist his lawyer in the preparation of his defense. D cant be executed if he is incapable of understanding the nature and purpose of the punishment
Insanity: Diminished Capacity
In some states, D may assert that as a result of mental defect short of insanity, he did not have the mental state required for the crime charged. Most states limit this to specific intent crime, but some allow for general intent
Intoxication
May be caused by any substance and can be raised whenever intoxication negates one of the elements of the crime
Voluntary Intoxication
Intoxication is voluntary if it is the result o the intentional taking without duress of a substance known to be intoxicating.
Intoxication: Defense to Specific Intent Crimes
Evidence of voluntary intoxication may be offered by the D only if the crime requires purpose or knowledge, and the intoxication prevented the D from formulating the purpose of obtaining the knowledge
Involuntary Intoxication
Oly if it results from the taking of an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance’s intoxicating effect.
May be treated as a mental illness, and the D is entitled to acquittal if she meets jx’s insanity test
Intoxication: Relationship to Insanity
Continuous excessive drinking or drug use may bring on actual insanity and this a D may be able to claim both an intoxication defense and an insanity defense
Infancy
At CL, there could be no liability for an act committed by a child under 7.
7-14: there was a rebuttable presumption that child was unable to understand the wrongfulness of his acts.
14+: Were treated as adults
Modern statutes: o child can be convicted of a crime until a stated age is reached, usually 13 or 14; children can be found o be delinquent in special juvenile or family court.
