Responsibility for Criminal Activity

Question 1

What test does Virginia use for judging insanity?

Answer 1

Both the M’Naghten Rule AND the Irresistible impulse rule.

Question 2

What must a defendant do before raising the insanity defense at trial?

Answer 2

The defendant must give notice to the Commonwealth’s attorney:

1. Of the intent to put in issue the defendant’s sanity at the time of the crime charged; and
2. To present expert testimony to support their claim.

Question 3

The defense must prove ________ that a defendant was insane at the time of the crime charged.

Answer 3

“to the satisfaction of the jury.”

Question 4

Is voluntary intoxication ever a defense?

Answer 4

No, not even for specific intent crimes.

Question 5

Voluntary intoxication from drugs or alcohol may negate…

Answer 5

the deliberate premeditated element necessary for an aggravated murder conviction.

Question 6

Mere intoxication (is/is not) sufficient by itself to disprove premeditation.

Answer 6

is not

Question 7

A child of age ___ or older may be sentenced as an adult.

Answer 7

14

[NOT a defense].

Question 8

A child of age ___ or younger is assumed incapable of forming the intent to commit a crime.

Answer 8

7

[defense to all crimes].

Question 9

There is a rebuttable presumption of incapacity for children between ages __ and __ that grows weaker as age increases.

Answer 9

7; 14

[may be a defense to all crimes requiring intent].

Question 10

Insanity is a defense to…

Answer 10

all crimes.

Question 11

Voluntary intoxication is…

Answer 11

the voluntary and intentional taking of a substance known to be intoxicating.

Question 12

Involuntary intoxication is…

Answer 12

taking an intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice.

Question 13

Is involuntary intoxication ever a defense?

Answer 13

Yes, to all crimes.