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Criminal Law Ch 6

Criminal Law Final

Excuse Defense defendant admits what they did was wrong but claims that, under the circumstances,they were not responsible (insanity, duress, entrapment)
Affirmative Defenses defendants carry some burden of proof
Failure-of-Proof Defense prosecution must prove each element beyond a reasonable doubt
The Affirmative Defense of Insanity- Insanity Defense (Not Guilty by Reason of Insanity Bifurcated Trial-first the person is found to be insane or not, then a civil commitment proceeding happens where they decided to commit the person or not
McNaughtan Rule focus on reason or cognition(ability to tell right from wrong)1. They must suffer from a defect of reason caused by a disease of the mind 2.at the time of the act, the defendant did not know a)the nature and quality of the act b) that the act was wrong
McNaughtan Rule (mental disease v.s. mental defect) mental disease- psychosis, mostly paranoia and schizophrenia; does not include personality disorders; Mental defect- mental retardation or brain damage severe enough to make it impossible to know what you are doing
Irresistible Impulse Test elements: at the time of crime was the defendant afflicted w/ a disease of the mind? if so, did they know right from wrong w/ respect to the act charged?(if Y they are excused) Continued..
Irresistible Impulse Test Continued if the defendant had knowledge they can be excused if: A. the disease cause him to lose power to 1. choose b/w right and wrong 2. to avoid doing the act that the disease destroyed his free will and B. the disease was the sole causeof the act
The Durham Rule (the product test)-New Hampshire acts that are the "products"of mental disease of defect excuse criminal liability
The Substantial Capacity Test (adopted by MPC) emphasizes both reason and willpower; elements: 1. at time of conduct, they suffer from mental disease/defect 2. lacks substantial capacity to a)appreciate the wrongfulness of the conduct or b)conform his conduct to the requirements of the law
Diminished Capacity diminished capacity does NOT excuse conduct. It acts as a failure-of-proof defense. Proof that the defendant was incapable of the requisite intent of the crime charged-but may be guilty of a lesser crime; ONLY use at sentencing
Defense of Duress does not apply to murder; elements: 1. nature of threat 2. immediacy of the threat 3. crimes duress applies to-most states, murder does not apply 4. level of belief in the threat
Created by: 763668857