Study Notes- Criminal Defenses

But for the mental disease he would not have committed

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Unformatted text preview: ion: grossly excessive in degree to which the actor does not know he is susceptible Insanity o M’Naghten Test of Insanity: a person is legally insame if, at the time of the act, he has defect of reason as: (1) not to know the nature and quality of the act he was doing or (2) if he did know it, that he did not know what he was doing was wrong. Now, we use the word appreciate as a way to intend a deeper sense of understanding that simple knowledge o Irresistible impulse test: a person is insane if she acted with an irresistible and uncontrollable impulse or if she lost the power to choose between right and wrong and to avoid doing the act o Product (Durham) test of insanity: a person is excused if his unlawful act was the product of a mental disease <any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs behavior controls>. But for the mental disease, he would not have committed the crime. Diminished capacity: in order to show mens rea for an offense or showing partial responsibility that reduces severity of offense. o A sane person may suffer from mental disability that prevents him from forming the mental state required for the commission of an offense o • • Inchoate Conduct • • Attempt: occurs when a person, with intent, engages in conduct that constitutes the beginning of and not just the mere preparation for the target offense. Solicitation: a person is guilty of solicitation if he intentionally invites, request, commands, or encourages another person to engage...
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This document was uploaded on 03/06/2014 for the course POLISCI 122 at Stanford.

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