Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
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.
"Irresistible Impulse" Test
- 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
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.
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
4 Tests used to detirmine if insantiy is a valid defense?
Irresistable Element Test
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.)
What would you like to do?
Home > Flashcards > Print Preview