Criminal Capacity

Question 1

What must a criminal defendant be to stand trial?

Answer 1

Competent

Question 2

What is the first requirement for competence under the Dusky test?

Answer 2

Sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding

Question 3

What is the second requirement for competence under the Dusky test?

Answer 3

A rational as well as factual understanding of the proceedings against him

Question 4

What is the M’Naghten Rule?

Answer 4

A defendant is entitled to acquittal if, because of a mental illness, he did not know:
* The nature and quality of the unlawful act
* The wrongfulness of the unlawful act

This rule focuses on the defendant’s awareness and understanding of their actions.

Question 5

What is the Irresistible Impulse Test?

Answer 5

A defendant is entitled to acquittal if, because of a mental illness, he lacked the capacity:
* For self-control and free choice
* To conform his conduct to the requirements of the law

This test emphasizes the defendant’s ability to control their actions.

Question 6

What does the Model Penal Code Test assess?

Answer 6

A defendant is entitled to acquittal if, because of a mental illness, he did NOT have substantial capacity:
* To appreciate the wrongfulness of the unlawful act
* To conform his conduct to the requirements of the law

This test combines elements of awareness and control.

Question 7

What is the Durham Test?

Answer 7

A defendant is entitled to acquittal if the unlawful act would not have been committed BUT FOR the defendant’s mental illness

This test establishes a direct causal link between mental illness and the commission of the crime.

Question 8

True or False: The M’Naghten Rule requires that a defendant knows the nature of their act to avoid acquittal.

Answer 8

True

The rule assesses the defendant’s understanding of their actions and their wrongfulness.

Question 9

Fill in the blank: Under the Irresistible Impulse Test, a defendant must lack the capacity for _______.

Answer 9

self-control and free choice

This reflects the defendant’s ability to act according to the law.

Question 10

What key aspect does the Model Penal Code Test focus on?

Answer 10

Substantial capacity to appreciate the wrongfulness of the unlawful act

This test includes the ability to conform conduct to legal requirements.

Question 11

How does the Durham Test differ from the other tests?

Answer 11

It establishes that the act would not have been committed BUT FOR the mental illness

This emphasizes a direct cause-and-effect relationship.