Responsibility for Criminal Activity

Question 1

For insanity defenses, Virginia recognizes these two legal doctrines.

Answer 1

The M’Naghten Rule and the Irresistable Impulse Test.

Question 2

What are the elements of the M’Naghten Rule?

Answer 2

Defendant is entitled to acquittal only if facts show that at the time of the crime:

1. he had a serious mental disease or defect;
2. this caused a defect in his reasoning abilities; and
3. as a result, he did not either:

• understand the nature of the act he was doing; or
• understand that his act was wrong.

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Question 3

What are the elements of the irresistable impulse test?

Answer 3

The defendant:

• knows what they have done, and
• may even know that their actions were wrong, but:
  
  • they were irresistibly driven to a criminal act by an overpowering impulse resulting from a mental condition.

Question 4

In order for defense counsel to present an insanity defense, he must..

Answer 4

give notice to the Commonwealth’s attorney that he intends to:

1. put the defendant’s sanity at the time of the crime in issue, and
2. present expert testimony to support his claim.

Question 5

The defense must prove that the defendant was insane by what standard?

Answer 5

To the satisfaction of the jury.

Question 6

If the insanity defense is succesful, the defendant is…

Answer 6

placed in the custody of the Commissioner of Behavioral Health and Development Services for a determination of dangerousness.

Question 7

The insanity defense is applicable to…

Answer 7

all crimes.

Question 8

_________ ____________ is not a defense in Virginia, even for specific intent crimes.

Answer 8

voluntary inoxication

Question 9

However, voluntary intoxication from drugs or alcool may negate the deliberate premeditated element necessary for a _______ ______ conviction.

Answer 9

capital murder

Question 10

Intoxication by itself (is/is not) sufficient to disprove premeditation for capital murder.

Answer 10

is not

Question 11

What are the elements of voluntary intoxication?

Answer 11

voluntary intentional taking of a substance known to be intoxicating.

Question 12

what are the elements of involuntary intoxication?

Answer 12

taking an intoxicating substance without knowledge of its nature, while under duress, or pursuant to medical advice.

Question 13

Invountary intoxication may be a defense to…

Answer 13

all crimes.

Question 14

A child of age __ or older may be sentenced as an adult. They are presumed capable of forming intent to commit a crime.

Answer 14

14

Question 15

A child aged _ or younger is deemed incapable of forming the intent to commit a crime. Thus, infancy is a defense to all crimes.

Answer 15

7

Question 16

There is a rebuttable presumption of incapacity for children between ages _ and __ that grows weaker as age increases.

Answer 16

7 and 14