State of Mind; Defenses

Question 0

INSANITY

Answer 0

First requirement for the insanity defense is that the defendant must have a mental disease or defect; then there are different test.

Question 1

SELF-DEFENSE

Answer 1

a person who is without fault may use such force as he reasonably believes is necessary to protect himself from the imminent use of unlawful force upon himself.

Question 2

M’NAUGHTEN TEST

Answer 2

If the defendant either

(a) did not know his act was wrong, or
(b) did not understand the nature of his act.

Question 3

IRRESISTIBLE IMPULSE TEST

Answer 3

If the defendant either:

(a) was unable to control his actions, or
(b) was unable to conform his conduct to the law.

Question 4

PRODUCT TEST

Answer 4

Crime was a product of mental illness.

Question 5

MPC TEST

Answer 5

If the defendant lacked the substantial capacity to either:

(a) appreciate the criminality of his conduct (M’Naughten), or
(b) conform his conduct to the law (irresistible impulse).

Question 6

DURESS

Answer 6

It is a defense if defendant was forced to commit a crime under a threat of death or serious physical injury.

Exception: will not be a defense to homicide crimes, however may reduce homicide from murder to manslaughter.