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Flashcards in Page 39 Deck (32):

If you believed God was telling you to kill your professors, so you wait outside of class to do it, are you insane?

Yes, if you believe you had the moral authority to do it


Can homosexual panic be deemed insanity?

A few cases have claimed this successfully, but mostly it isn't usable


What is the deific decree exception to the M'Naghten Rule?

If Defendant was operating under a delusional belief that he was commanded by God to commit a crime, then M'Naghten Rule applies


Why does the deific decree constitute an exception that applies to insanity?

The defendant may know his actions are contrary to society's morals and are legally wrong, but he believes his deific decree has overridden society's morals


Does the deific decree exception apply to people who kill because of religious beliefs?

No, only to those that claim they actually heard the voice of God


Why do postpartum, PTSD, and multiple personality disorder count as mental illnesses for insanity?

They keep the defendant from understanding the nature and quality of his act, or knowing that it is wrong


What another name for the irresistible impulse test for insanity?

M'Naghten Rule plus test, because it just adds one more element to that test


What is a good question to ask to see if the irresistible impulse test applies?

Would the defendant have been able to control his behavior even if a police officer had been at his elbow?


What Are the elements of the irresistible impulse test?

If, at the time of the homicide, defendant suffered from a mental disease and:
- didn't know the nature and quality of the act, or
- didn't know the act was wrong, or
- even if he knew both, was unable to control his conduct to conform to the defendant's knowledge


In layman's terms, what is the irresistible impulse test question

Defendant was unable to resist doing wrong or to control his acts


If you thought God was telling you to do small acts of terror, so you leave your goldfish in the sun to bake, and cry as you watch it, what insanity test would that fall under?

Irresistible impulse test, because you knew what you were doing was wrong, but you couldn't control your acts


What is the MPC substantial capacity test for insanity?

Defendant, at the time of the homicide, as a result of mental disease, lacked the substantial capacity to:
- appreciate the criminality or wrongfulness of the conduct, or
- conform the conduct to what the law requires


In layman's terms, what is the MPC substantial capacity test?

A mental disease that makes the defendant substantially unable to know a criminal act is wrong and to obey the law


Which insanity test is the easiest to establish insanity under?

MPC substantial capacity test, because the loss of cognitive or volitional ability doesn't need to be total or absolute


What Is the major difference between the MPC substantial capacity test and the M'Naghten Rule and M'Naghten Plus?

Defendant only has to lack the substantial capacity to do the elements, not have the total inability to do them


If you think all young musicians are out to kill you, you know your fears are irrational, but you can't help believing them, so you go to a local club and shoot at the band, what insanity test will find you insane?

MPC substantial capacity test


What is another name for the Durham Rule?

Product test


What is the Durham rule?

Defendant isn't responsible if his unlawful act was the product of mental disease or mental defect


Which Insanity test is almost never used and is usually just a distractor on tests?

Durham Rule


What is the test to determine if someone is competent to stand trial?

If as a result of a mental illness, the person is unable to understand the proceedings against him or to assist in his own defense, he is incompetent to stand trial


Who Makes the determination of competency to stand trial?

The judge after a competency hearing


If the court decides that someone isn't competent to stand trial, what happens next?

The case is halted and the defendant is sent to the state hospital for treatment until he is able to assist his lawyer and understand the proceedings


Is incompetency to stand trial considered a defense?

No, it is just a preliminary procedure


Are courts allowed to assign an indefinite commitment because of incompetent to stand trial?

No, that is unconstitutional


Most states put what kind of limit on commitments because of incompetency to stand trial?

A one-year limit, where at the end, the defendant will either be released to stand trial, or civil commitment proceedings will be instituted


If someone is found to be incompetent to stand trial, what does that prevent from happening?

The defendant from being tried, convicted, or punished unless they have sufficient present ability to consult with counsel and understand the proceedings


What is diminished capacity?

Some jurisdictions allow A form of mental illness that is less severe than insanity to be used in a homicide case to mitigate the charges


What is the rationale behind diminished capacity?

The defendant's mental condition proves that he didn't form the mens rea necessary for specific intent crime


If, on an essay, you're having a problem proving insanity, what should you always discuss in addition?

Diminished Capacity


What are the two different views on infancy?

- CL: kids under seven are in capable of committing a crime, 7 to 14 Are rebuttably incapable
- MPC/modern law: people under 16 are tried in juvenile court


How Can you overcome the rebuttable presumption that someone that is 7 to 14 is incapable of committing a crime?

If you can show they had a weakened state of mind and knew what they were doing a new their actions were wrong ie) hiding evidence or bribing witnesses


The common law says that children that are 14 or above are what?

Aware of and responsible for their actions and subject to adult criminal procedures