Capacity Defenses

Question 1

What are the capacity defenses?

Answer 1

insanity
intoxication
infancy
diminished capacity
due process in trial re D's mental condition

Question 2

What is legal insanity?

Answer 2

a defense to ALL crimes, regardless of intent requirement

Question 3

What are the four insanity tests?

Answer 3

1. M’naghten
2. irresistible impulse
3. MPC - combo of M’naghten and II
4. Durham

Question 4

What is the M’naghten test?

Answer 4

D doesn’t know right from wrong due to mental disease or defect at the time of offense

D lacked ability to know the wrongfulness of condcut or understand nature/quality of act

Question 5

What is the irresistible impulse test?

Answer 5

D acted due to an irresistible impulse due to a mental illness

unable to control his action or conform to conduct required by law

Question 6

What is the MPC insanity (combo) test?

Answer 6

as a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct (wrongfulness) or conform his conduct to requirements of law (irresistible)

Question 7

What is the Durham test?

Answer 7

but for D’s mental illness, D would not have acted - D’s conducts is the product of his mental illness

Question 8

What is the defense of intoxication?

Answer 8

there are two types: voluntary and involuntary

Question 9

What is the defense of voluntary intoxication?

Answer 9

a defense to SI crimes (only)

• D chose to consume intoxicant (alcoholics and addicts are V intox)
• not available if D becomes intox. to commit the crime

Question 10

What is the defense of involuntary intoxication?

Answer 10

a defense to ALL crimes

arises when D was given intox. w/o her knowledge or forced to consume an intox.

how do we know if invol?

1. w/o knowledge of its nature
2. under direct duress imposed by another, or
3. pursuant to med. advice w/o notice of its intox. effect

Question 11

What is the defense of infancy?

Answer 11

defense to criminal liability for minors

• if under 7 y/o, no crim liability
• if 7-14, rebuttable presumption against liability

Question 12

What is the defense of diminished capacity?

Answer 12

available if D can show that he has some mental defect short of insanity that prevented him from forming the requisite mental state (usually limited to SI crimes)

Question 13

What does the DP clause require w/ respect to trying/convicting defendants?

Answer 13

cannot try, convict, sentence D if as a result of mental defect, unable to:

1. understand nature of proceeding brought against him or
2. assist lawyer in defense

Question 14

Can D be executed if he is unable to understand nature/purpose of punishment at time of execution?

Answer 14

No