Defenses That Negate Criminal Capacity

If a defendant successfully asserts a defense that negative criminal capacity, they are entitled to acquittal because they were unable to [..1..] the [..2..] of their actions at the time of the crime

understand, nature

Defenses that negate criminal capacity include:

• [..1..],

• [..2..], and

• [..3..]

insanity, intoxication, infancy

Usually, the defendant must raise defenses negating criminal capacity and prove them by a […]

preponderance of evidence

Under the M'Naghten Rule, a defendant is entitled to acquittal if a disease of the mind caused a defect of reason such that the defendant lacked the ability to EITHER:

• know the [..1..] of their actions OR

• understand the [..2..] and [..3..] of their actions

wrongfulness, nature, quality

The Irresistible Impulse Test allows acquittal if, due to mental illness, the defendant was:

• unable to [..1..] their actions OR

• [..2..] their conduct to the law

control, conform

The ALI / MPC Test allows acquittal if a mental disease or defect resulted in the defendant lacking substantial capacity to EITHER:

• [..1..] of their conduct OR

• [..2..] their conduct to the requirements of law

appreciate the criminality, conform

The Durham Test (Product Test) allows acquittal if the crime was the [..1..] of D’s [..2..], meaning the crime would not have been committed [..3..] the defendant's disease

product, mental illness, but for

Intoxication is a claim that the defendant should not be held criminally responsible because alcohol or other drugs caused an […] at the time of the crime

abnormal mental condition

The two types of intoxication defenses are [..1..] and [..2..] intoxication

voluntary, involuntary

Voluntary intoxication is the result of intentionally taking a substance that is [...]

known to intoxicate

Voluntary intoxication can be used to negate liability only for […] intent crimes

specific

For voluntary intoxication to be a defense, it must have prevented the defendant from forming […]

specific intent

Voluntary intoxication CANNOT be used as a defense to […]

general intent crimes

Involuntary intoxication is caused by taking an intoxicating substance EITHER:

• [..1..] of its nature,

• under direct [..2..] from another, OR

• pursuant to [..3..] advice while unaware of its intoxicating effect

without knowledge, duress, medical

Involuntary intoxication can be used as a defense to […]

any crime

For involuntary intoxication to be a defense, it must have impaired the defendant's thinking so they didn't [..1..] or [..2..] the wrongfulness of their conduct

know, understand

The standard for whether a defendant's thinking was sufficiently impaired for involuntary intoxication is often determined by the same test the jurisdiction uses for […]

insanity

Under common law, children under age […] could not be held criminally liable

7

For children between 7 and 14 at common law, there was a [..1..] presumption that the child was unable to [..2..] the wrongfulness of their acts

rebuttable, understand

At common law, children age [..1..] were treated like adults

14 or older

Modern statutes often state that no child can be convicted of a crime until a specific age is reached (usually [..1..] or [..2..])

13, 14

Under modern statutes, children who cannot be convicted of a crime can still be found [...] in special juvenile or family courts

delinquent