Capacity Defenses

Question 1

Insanity: M’Naghten Test (MAJORITY)

Answer 1

D must have a mental disease or defect
AND MUST PROVE EITHER:
1- did not know that his conduct was wrong; OR
2- did not understand the nature and quality of his conduct

Question 2

Insanity: Irresistible Impulse Test

Answer 2

D must have a mental disease or defect
AND MUST PROVE EITHER:
1- he was unable to control his actions; or
2- was unable to conform his conduct to the law

Question 3

Insanity: MPC Test

note- mpc requires the prosecution to prove sanity beyond a reasonable doubt

Answer 3

D lacked the SUBSTANTIAL CAPACITY to either:
1- appreciate the criminality of his conduct; or
2- conform his conduct w/ the requirements of law

Question 4

Incompetencey

Answer 4

Whether, at the time of TRIAL, D cannot either
1- understand the nature of the proceedings against him; or
2- assist his lawyer in the preparation of his defense

Trial postponed until competence regained

Question 5

Voluntary Intoxication: Common Law

Answer 5

• defense to specific intent crimes only

- requires such sever prostration of the faculties that D cannot form the requisite specific intent

Question 6

Infancy: Common Law

Answer 6

RULE OF SEVENS

• If D is under 7 at time of crime –> no prosecution
• If D is under 14 at time of crime –> rebuttable presumption against prosecution
• If D is 14+ –> prosecution allowed