Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards
. What would you like to do?
What are the four different Insanity tests?
- (1) M'Naughten Test (Common Law, Majority view)
- (2) Irresistible Impulse
- (3) Durham
- (4) Model Penal Code
What is the M'Naughten test? (Common Law, Majority View)
Mental illness precluded: (1) knowing right from wrong, OR (2) understanding the nature and quality of the act.
What is the Irresistible Impulse test?
Mental illness precluded ability to: (1) control actions, OR (2) conform conduct to law.
What are the Durham and MPC tests?
- Durham: Crime was product of mental illness (broad).
- MPC: Mental illness resulted in lack of substantial capacity to: (1) appreicate wrongfulness of conduct, OR (2) conform conduct to law
- Elements: w/o knowledge or against will.
- Defense Against: all crimes. Apply insanity test (temporary insanity due to involuntary intoxication).
- Elements: Knowingly self-induced.
- Defense Against: Specific intent crimes IF it negates MR.
- Under 7: no liability.
- Under 14: no liability. Rebuttable by clear showing defendant appreciated nature and quality of act.
- Over 14: liability as an adult.
- Under 16: Juvenile court has exclusive jurisdiction for "delinquency"
- 16-17: Same unless juvenile court approves trial as adult
- Mistake of Fact:
- Specific Intent Crimes: Any mistake that negates MR, however unresonable.
- General Intent & Malice: Resonable mistake that negates MR.
- Strict Liability: No defense.
- Mistake of Law:
- NO defense, generally. Exceptions: (1) relied on official responsible for interpreting law, or (2) MR of crime includes knowledge of relevant law.
Deadly Force vs. Non-Deadly Force.
Note on Aggressors.
- Non-deadly Force: Resonable believed force used was necessary to defend against imminent unlawful force.
- Retreat: Not required.
- Deadly Force: Resonably believed forced used was necessary to defend against imminent unlawful deadly force or serious bodily injury.
- Retreat: Majority = Not required.
- Minority/MPC: Required unless (1) home, (2) rape or robbery, (3) making lawful arrest.
Aggressor: NO right to self-defense UNLESS (1) withdrawal + communication, OR (2) escalation from non-deadly force to deadly force by victim.
Defense of Others
May use such force to defend others as reasonably believed others may use to defend themselves.
Defense of Property
Non-Deadly: Reasonably believed necessary to prevent imminent unlawful entry or dispossession.
Deadly: NEVER! Unless if in home and resonably believed necessary to defend against entry with intent to seriously injure or commit forcible felony.
- Duress: ("Coercion"): Defense for crimes, EXCEPT homicide, IF:
- (1) under threat by another person, (2) of imminent death or serious bodily injury, (3) to self or family, (4) no reasonable way out of situation, (5) not at fault in brining about situation.
- Necessity: Defense for crimes EXCLUDING homicide, IF:
- (1) necessary to avoid greater imminent harm to society, (2) from natural forces.
Note on Necessity: No killing to protect property or other lives.
- Narrow defense that requires showing:
- (1) criminal design originated with the government, and
- (2) defendant not predisposed to commit the crime.
- (1) opportunity is not entrapment
- (2) gov't actor only
What would you like to do?
Home > Flashcards > Print Preview