The flashcards below were created by user
on FreezingBlue Flashcards.
Insanity Test: MPC
- Defendant is entitled to acquittal if he suffered from a mental disease or defect AND as a result lacked substantial capacity to either:
- 1) appreciate the criminality of his conduct, OR
- 2) conform his conduct to the requirements of law.
Insanity Test: M'Naghten
- Defendant is entitled to acquittal if he has a disease of the mind causing a defect of reason so that at the time of his actions, he:
- 1) lacked the ability to know the wrongfulness of his actions, OR
- 2) understand the nature and quality of his actions.
- Applies to violations of:
- 1) Federal Constitution, or
- 2) Federal Statute
- N/A to:
- 1) Grand Jury Proceedings
- 2) Civil Proceedings
- 3) Parole Revocation
- 4) Impeachment of Defendant
- 5) Knock and Announce Rule
Fruit of the Poisonous Tree Exceptions
- 1) Independent Source
- 2) Inevitable Discovery
- 3) Intervening Acts of Free Will
Specific Intent Crimes
- Inchoate Crimes
- Premeditated and Deliberated Murder
- Theft Crimes
General Intent Crimes
- False Imprisonment
Conscious object is to engage in certain conduct.
Aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.
Conscious disregard of a known substantial and unjustifiable risk.
Failure to be aware of a substantial and unjustifiable risk.
Insanity Test: Irresistable Impulse
Defendant is entitled to acquittal if because of a mental illness, he was unable to control his actions or conform his conduct to the law.
Initial Aggressor regains right to Self-Defense...
- By w/d'ing and communicating w/d to other person, OR
- When other person suddenly escalates a minor fight into one involving deadly force w/o giving chance to w/d
Private Persons may use Deadly Force...
- To apprehend a fleeing felon if:
- 1) Felon threatens death or SBI, AND
- 2) Deadly Force is necessary to prevent escape
- To arrest:
- Arrestee must be actually guilty of felony arrested for
Right to Waive Counsel and Represent Self
- Waiver must be knowing and intelligent, AND
- Defendant must be competent
is a defense to specific intent crimes only, if Defendant cannot form intent required.
- Involuntary Intoxication:
- When Defendant is forced to consume or voluntarily consume without knowledge that substance is intoxication
- Defense to all crimes if intoxication renders Defendant insane.