
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
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