3. Capacity Defenses Flashcards Preview

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Flashcards in 3. Capacity Defenses Deck (7)
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1
Q

Four Legal Insanity Tests:

A

♣ M’Naghten
• D doesn’t know right from wrong
o Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act

♣ Irresistible Impulse
• D acted due to an irresistible impulse
o Due to a mental illness, D was unable to control his actions or conform his conduct to the law

♣ MPC
• Combination of M’Naghten & Irresistible Impulse
o As a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

♣ Durham
• But for his mental illness, D would not have acted
o D’s conduct was the product of a mental illness

2
Q

Insanity as defense:

A

Legal insanity is a defense to all crimes, regardless of intent requirement

3
Q

Infancy:

A

♣ A defense to criminal liability for minors
♣ Under 7 years old – no criminal liability
♣ 7-14 years old – rebuttable presumption against criminal liability

4
Q

Diminished Capacity

A

Defense if D can show he has mental defect short of insanity that prevented him from forming mental state required

5
Q

Due process and D’s mental condition during trial

A

♣ Due process clause forbids D from being tried, convicted or sentenced if as a result of his mental illness D is unable to either:
• 1. Understand the nature of the proceeding or
• 2. Assist his lawyer in the preparation of his defense

6
Q

Capital punishment

A

♣ D cannot be executed if incapable of understanding nature and purpose of punishment at time of execution.

7
Q

Intoxication

A

o Voluntary Intoxication
♣ A defense ONLY to specific intent crimes
• Not available if D becomes intoxicated in order to commit the crime

o Involuntary Intoxication
♣ Defense to all crimes
♣ Requirements:
• 1. Without knowledge of its nature
• 2. Under direct duress imposed by another person or
3. Pursuant to medical advice without notice of its intoxicating effect