Chapter 8: Mental State at the Time of the Offense (MSO)

Vocabulary flashcards covering MSO concepts, defenses, and related case studies from Chapter 8.

Mental State at the Time of the Offense (MSO)

The defendant's thoughts and actions surrounding a crime, examined to assess criminal responsibility during the guilt phase.

Guilt Determination Phase

Phase of trial where MSO defenses are evaluated to determine liability.

Insanity Defense

MSO defense arguing that severe mental illness prevented understanding the act or controlling behavior.

Automatism

Defense asserting actions occurred involuntarily due to unconscious processes.

Diminished Capacity

Defense claiming reduced mental functioning (cognitive or volitional) reduces culpability; sometimes called diminished responsibility.

Character Defenses

Defenses relying on character or dispositions to explain behavior, not typically accepted as MSO evidence.

Affirmative Defenses

Defenses that admit the act but justify or excuse it (e.g., self-defense, duress, entrapment, provocation).

Psychoactive Substance Use

Defense arguments related to intoxication or drug/alcohol impairment affecting mens rea.

Guilty but Mentally Ill

Verdict recognizing guilt while acknowledging mental illness; not adopted in all jurisdictions.

Jurisdictional Variability

Different states recognize MSO defenses to varying extents; diminished capacity recognized by fewer than half; some states lack an insanity defense.

Insanity Tests

Multiple insanity tests exist (at least five); jurisdictions apply different criteria.

William Davidson Case (Case Study 8.1) – Intoxication & Mental Illness

Longshoreman who killed his foreman after heavy alcohol; history of trances, voices, and visions; obsession to kill; raises diminished capacity questions.

Trances, Voices & Obsessions (Case Study 8.1)

Psychiatrist described trance states and auditory/visual experiences influencing behavior; crisis of sanity.

Andrea Yates – Postpartum Psychosis Case (Case Study 8.2)

Drowned her five children; postpartum psychosis/depression; medication non-adherence; later found not guilty by reason of insanity at second trial.

Delusions & Religious Influence (Case Study 8.2)

Delusional beliefs about saving children from damnation shaped by itinerant preacher.

Alice Sorenson – Battered Woman Syndrome & Self-Defense (Case Study 8.3)

Killing husband after years of abuse; self-defense and Battered Woman Syndrome involved; initial defense unsuccessful.

Imperfect Self-Defense (Case Study 8.3)

Self-defense concept incorporating Battered Woman Syndrome; defense challenged in court.

State v. Norman (1988)

Case cited: battered woman/self-defense arguments faced appellate challenges; threat not always 'imminent'.

Mens Rea

The 'guilty mind' required to commit a crime; central to MSO evaluation.

Not Guilty by Reason of Insanity

Legal verdict where mental illness excuses criminal liability, leading to treatment instead of punishment.