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Insanity
defendants are locked up in maximum security prisons called hospitals. few plead insanity and those that do hardly ever succeed. TERM 2
M'Naghten Test
DEFINITION 2 right wrong test. the defendant had a mental disease or defect at the time o the crime. the disease or defect caused the defendant not to know either the nature and the quality of his or her actions or that what he or she was doing was wrong TERM 3
Volitional incapacity test (irresistible impulse)
DEFINITION 3 even if defendants know what they're doing and know its wrong, they can qualify for a verdict of not guilty by reason of insanity if they suffer from a mental disease that damages their willpower (volition). TERM 4
Substantial capacity test (MPC)
DEFINITION 4 defendants have to lack substantial, not complete, metal capacity. emphasizes both of the qualities in insanity that affect culpability: reason and will. TERM 5
Product-of-mental-illness test (durham rule)
DEFINITION 5 Acts that are the "products" of mental disease or defect excuse criminal liability Critics say this test misses the point of mental illness in the defense of insanity
Diminished Capacity
attempt to prove the defendant is guilty of a lesser crime by negating specific intent. Only applies to homicide TERM 7
Age
DEFINITION 7 Under 7- no criminal capacity 7-14 no criminal capacity, but the presumption could be overcome over 14- same capacity as adults TERM 8
Duress
DEFINITION 8 people who harm innocent people to save themselves because they are forced to commit a crime. 4 elements 1. threats amounting to duress. 2. immediacy of the threats 3. crimes the defense applies 4. degree of belief regarding the threat. TERM 9
Intoxication
DEFINITION 9 Accountability- those who get drunk take the consequences of their action Culpability- criminal liability and punishment depend on blameworthiness. Intoxication only applies to involuntary intoxication and its not just alcohol. TERM 10
Entrapment
DEFINITION 10 an affirmative defense and defendants have to show that they were entrapped. Subjective test- defense has to prove the government pressured the defendants to commit crimes Objective- focuses on the actions that government agents take to induce individuals to commit crimes.
