INSANITY

Question 1

insanity

Answer 1

does not equal competency to stand tria
legal defintiion
mental condition at time crime committed

most states burden = preponderance of evidence
- federal = clear and convincing

if found insane= civil commitment indefinite

Question 2

five tests for insanity

Answer 2

mnaghten
irressitible impulse
mpc
durham/ product
federal

Question 3

M’Naghten

Answer 3

at the time of act did def not know the nature and quality of act he was doing OR
if did know did he know what he was doing was wrong

if does not know wrong = insane
- narrow and broad def

what does know mean

legally or morally (social standards)

does not recognizedegrees of incapacity

Question 4

Irresistible impulse

Answer 4

volitionally based test- being able to control youself

insane if acted from uncontrollable impulse

• lacked power to choose between right and wrong and avoid doing act
• may know difference between right and wrong but cannot contorle oneself

lack of self control not something we can determine with certainty

Question 5

MPC

Answer 5

as a result of mental disease or defect, D lacked sub capacity to appreciate criminality or wronguflness of her conduct; OR
conform her conduct to req of law

combo of irresistible impulse and mnaghten with liberal language

Question 6

Durham test aka product

Answer 6

Ds conduct is excused if his act was product of mental disease or defect
- would conduct have occured but for Ds defect

criticism :no def of mental disease so gives way too much defernce to medical experts

Question 7

Federal

Answer 7

features of both mnaghten and mpc

as a result of severe mental disease or defect, D is unable to appreciate

• nature and quality of hsi conduct OR
• wrongfulness of conduct

clear and convincing evidence
Reagan assassination