Capacity Defenses

Question 1

Insanity - Definition

Answer 1

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

• Depending on jurisdiction, one of four tests is used to determine whether D was so mentally ill when he committed a crime that he should be entitled to acquittal

Question 2

Insanity - 4 Tests

Answer 2

1) M’Naghten
2) Irresistible Impulse
3) MPC
4) Durham

Question 3

Insanity - M’Naghten Test

Answer 3

D doesn’t know right from wrong

• 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

Question 4

Insanity - Irresistible Impulse

Answer 4

D acted due to an irresistible impulse

Due to a mental illness, D was unable to control his actions or conform his conduct to the law

Question 5

Insanity - MPC

Answer 5

Combo of M’Naghten & Irresistible Impulse

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

Question 6

Insanity - Durham

Answer 6

But for mental illness, D would not have acted

• D’s conduct was the product of a mental illness

Question 7

Infancy

Answer 7

A defense to criminal liability for minors

Under 7 = No criminal liability

7-14 = rebuttable presumption against criminal liability

Question 8

Diminished Capacity

Answer 8

A defense based on D’s mental defect

• Available if D can show that he has some mental defect short of insanity that prevented him from forming the mental state required for the crime
• Usually limited to specific intent crimes

Question 9

Due Process & D’s Mental Condition During Trial (2)

Answer 9

DP Clause forbids D from being tried, convicted, or sentenced if, as a result of his mental disease or defect, D is unable to either:

a) Understand the nature of the proceeding, or

b) Assist his lawyer in the preparation of his defense

Question 10

Capital Punishment

Answer 10

D cannot be executed if he is incapable of understanding the nature and purpose of the punishment at the time of execution

Question 11

Voluntary Intoxication

Answer 11

A defense to specific intent crimes

• VI = D chose to consume an intoxicant (Alcoholics and addicts are VI)
• Not available if D becomes intoxicated in order to commit the crime (i.e. “liquid courage”)
• only a defense to SPECIFIC intent crimes

Question 12

Involuntary Intoxication

Answer 12

Defense to All crimes

• Arises when D was given an intoxicant without her knowledge or focused to consume an intoxication
• May be treated as a mental illness if b/c of the intoxication, D satisfies the relevant jurisdiction’s insanity test

Question 13

Involuntary Intoxication - Requirements (3)

Answer 13

An intoxicant is taken involuntarily if taken:

a) Without knowledge of its nature

b) Under direct duress imposed by another person, or

c) Pursuant to medical advice without notice of its intoxicating effect