Criminal Law Final
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| Excuse Defense | defendant admits what they did was wrong but claims that, under the circumstances,they were not responsible (insanity, duress, entrapment)
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| Affirmative Defenses | defendants carry some burden of proof
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| Failure-of-Proof Defense | prosecution must prove each element beyond a reasonable doubt
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| 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
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| 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
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| 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
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| 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..
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| 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
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| The Durham Rule (the product test)-New Hampshire | acts that are the "products"of mental disease of defect excuse criminal liability
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| 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
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| 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
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| 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
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