Crim - Defenses negating Crim Capacity

Question 1

Insanity

Answer 1

Def to all, incl SL. D -> burden of production.

M’Naghten - At time of conduct, D lacked ability to know wrongfulness of actions or nature/quality of actions

Question 2

Intoxication

Answer 2

Volun - Only def for specific intent.

Invol - like insanity and is def to all, including SL. Req’s: taking drugs/alcohol w/o knowledge; under duress; pursuant to med advice w/o awareness of intoxicating effect.

Question 3

infancy

Answer 3

< 7 no liab; < 14 - rebuttable presumption of no liab.