INSANITY DEFENSE

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Author:
mtramm
ID:
1549
Filename:
INSANITY DEFENSE
Updated:
2009-11-24 02:21:35
Tags:
CRIM INSANITY DEFENSES
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Description:
INSANITY DEFENSE
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  1. M’Naghten Test-

    Insane if:
    1)Defendant was laboring under such a defect of reason, arising from a disease of the mind, that he:

    • A) did not know the nature and quality of the act that he was doing; OR
    • B) If he did know it, he did not know that what he was doing was wrong.
  2. "Irresistible Impulse" Test


    Insane if:
    • 1) defendant acted from an "irresistible and uncontrollable impulse"
    • 2) was unable to choose between the right and wrong behavior
    • 3) his will was destroyed such that his actions were beyond his control
    • 4) would have acted even if a policeman were beside him
  3. Model Penal Code Test
    • 1) lacked substantial capacity to:
    • 2) appreciate the "criminality of his conduct; OR
    • 3) to conform his conduct to the requirements of the law.
  4. Federal Test
    Insane if: at time of crime defendant was unable to appreciate:

    • A) the nature and quality of his conduct; OR
    • B) the wrongfulness of his conduct. This test
  5. 4 Tests used to detirmine if insantiy is a valid defense?
    Federal Test

    Irresistable Element Test

    MPC Test

    M'Naghten
  6. Mental thresholds for insanity by defense test?
    M’Naghten Test – (Requires complete cognitive disability)




    "Irresistible Impulse" Test – (Severe Volitional Impairment)




    Model Penal Code Test – (Does not require total mental incapacity)




    Federal Test – (requires complete cognitive incapacity.)

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