Criminal Capacity
A.  Insanity – defense to all crimes
1.  M’Naughten Rule
a.  At the time of the conduct, the defendant was unable to:
i.  Know the wrongfulness of his actions, or
ii.  Understand the nature and quality of his actions
2.  Irresistible Impulse test
a.  The defendant was unable to:
i.  Control his actions, or
ii.  Conform his conduct to the law
3.  Durham test (aka New Hampshire test)
a.  The crime was a product of the mental disease/defect
i.  Product of – would not have been committed but for the                         disease
4.  Model Penal Code
a.  Defendant lacked substantial capacity to:
i.  Appreciate the criminality of his conduct, or
ii.  Conform his conduct to the requirements of law
B.  Intoxication
1.  Voluntary intoxication – only a defense to specific intent crimes
2.  Involuntary intoxication (defense to all crimes) – involuntary only if                 taken:
a.  Without knowledge of its nature
b.  Under direct duress imposed by another
c.  Pursuant to medical advice while unaware of the intoxicating                     effect
C.  Infancy
1.  Under 7 – no criminal liability
2.  Under 14 – rebuttable presumption of no criminal liability
3.  Over 14 – adult