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Criminal Law - MBE

QuestionAnswer
M'Naughten Rule Loss of control because of mental illness is not defense
M'Naughten Rule Under this rule, a Defendant is entitled to acquittal only if he had a mental disease or defect that caused him to either: i. not know that his act would be wrong; or ii. not understand the nature and quality of his actions.
M'Naghten Defendant does not know right from wrong
Irresistible Impulse an impulse that defendant cannot resist
Durham but for the mental illness, Defendant would not have done the act
A.L.I. or M.P.C. combination of M'Naghten and irresistible impulse.
Irresistible Impulse Test Under this test, a defendant is entitled to acquittal only if, b/c of a mental illness, he was unable to control his actions or conform his conduct to the law
Durham/New Hampshire Test Under this test, a Defendant is entitled to acquittal if the crime was the product of his mental illness. i.e. crime would not have been committed but for the disease. The Durham test is broader than M'N or the irresistible impulse test
A.L.I. or M.P.C. Under this test, a defendant is entitled to acquittal if he had a mental disease or defect, and, as a result, he lacked the substantial capacity to either: i.appreciate the criminality of his conduct; or ii.conform his conduct to the requirements of law
Created by: 850104