Defenses Negating Capacity: Intro and Insanity

Question 1

What are the THREE defenses that negate criminal capacity?

Answer 1

1. Insanity
2. Intoxication
3. Infancy

Question 2

What are the four tests that may apply for insanity?

Answer 2

1. M’Naghten Rule
2. Irresistible Impulse Test
3. Durham (or New Hampshire) Test
4. A.L.I or M.P.C. Test

Question 3

What is the M’Naghten rule?

Answer 3

Under the M’Nagthen Rule –> D is entitled to acquittal IF:

1. a DISEASE of the mind;
2. CAUSED a DEFECT of reason;
3. such that 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

In other words —> D does not:

1. know right from wrong; or
2. does not understand his actions

Question 4

What is the “Irresistible Impulse” Test?

Answer 4

Under Irresistible Impulse Test –> D is entitled to acquittal IF:

1. because of a MENTAL ILLNESS
2. he was unable to CONTROL his actions OR CONFORM his conduct to the law

Question 5

What is the “Durham (New Hampshire) Test”?

Answer 5

Under Durham (NH) test –> D is entitled to acquittal IF:

-crime was a product of his mental illness

In other words, crime would not have been committed but for his mental illness

NOTE –> this test is broader than the rest. It is followed only in NH

Question 6

What is the A.L.I./M.P.C. test?

Answer 6

Under A.L.I/M.P.C test –> D is entitled to acquittal IF:

1. due to mental illness
2. D lacked substantial capacity to:
   (i) appreciate the criminality of his conduct; OR
   (ii) conform his conduct to the law

NOTE –> this is like a combination of M’Naghten and Irresistible impulse tests

Question 7

What is the rule re: insanity and burden of proof/persuasion?

Answer 7

• All D’s are presumed sane
• D must raise insanity issue

In most states –> D must prove insanity by preponderance of evidence

MPC –> Pros must prove D was sane beyond a reasonable doubt

Federal courts —> D must prove insanity by clear and convincing evidence

Question 8

What is the rule re: mental condition during criminal proceedings?

Answer 8

Under DP clause, D may not be tried, convicted, or sentenced IF:

• as a result of a mental disease or defect
• he is unable :
  1. to understand the nature of the proceedings; OR
  2. to assist his lawyer in preparation of defense

Question 9

What is the rule re: mental condition and execution?

Answer 9

A person may not be executed if he is INCAPABLE of understanding the NATURE and PURPOSE of the punishment

Question 10

What is the rule re: “diminished capacity”?

Answer 10

Some states recognize “diminished capacity” under which D may assert that due to mental defect short of insanity, he did not have mental state required for crime charged

Most states that have this limit it to specific intent crimes, but some allow it for general intent crimes