Week 5: Criminal Responsibility

insanity defense england 1581

If a madman or a natural fool kills a man during their lunacy, it is not a felonious act as they cannot be said to have any understanding.

wild beast test

If a defendant is so insane that they understand the ramifications of their behavior no more than an infant or a wild beast, they are not held responsible for their crimes.

Actus Reus

'Guilty act'; it refers to a voluntary act, which can include commission, omission, or possession.

Mens Rea

'Guilty mind'; it varies in definition depending on the crime.

competency vs sanity

Competency refers to the mental state at the time of criminal justice proceedings, while sanity refers to the mental state at the time of the crime.

1-3%

What is the incidence of the insanity defense in legal cases?

Guilty but mentally ill (GBMI) or guilty and mentally ill

What are alternative verdicts to the insanity plea?

M'Naghten Standard

A defendant is not criminally responsible if, at the time of the crime, they suffered from a mental defect that prevented them from knowing the nature of their act or that it was wrong.

Irresistible Impulse test

It assesses whether a defendant, due to mental disease, lost the power to choose between right and wrong and avoid the act in question.

Durham v. United States (1954)

An accused is not criminally responsible if their unlawful act was the product of mental disease or defect.

ALI Standard as per the Model Penal Code (1972)

A person is not responsible for criminal conduct if, due to mental disease or defect, they lack substantial capacity to appreciate the criminality of their conduct or conform their conduct to the law.

United States v. Hinckley (1981)

It led to changes in insanity defense statutes in 34 states and the federal government, moving most to adopt the M'Naghten Standard.

Insanity Defense Reform Act (IDRA) of 1984

It changed the standard for insanity, eliminated the volitional prong, and placed the burden of proof on the defendant to prove insanity by clear and convincing evidence.

insanity determination requirements

It requires a retrospective assessment of the person's mental state at the time of the offense.

Clinical interviews, police reports, hospital records, witness statements, psychological tests, and collateral interviews.

What methods are used to assess criminal responsibility?

defendants adjudicated NGRI

They are hospitalized, and indefinite commitment is not unconstitutional if the crime was proven beyond a reasonable doubt.

criminal conduct defenses

PTSD, automatism (e.g., sleepwalking), battered woman syndrome, substance abuse disorders, dissociative disorders, duress, and extreme emotional disturbance.

ALI Standard cognitive prong

It refers to the ability to appreciate the criminality (wrongfulness) of one's conduct.

ALI Standard volitional prong

It refers to the ability to conform one's conduct to the requirements of the law.

mental disease

It refers to conditions capable of improving or deteriorating, such as depression or schizophrenia.

mental defect

It refers to conditions that are not considered capable of improving or deteriorating, often resulting from injury or congenital conditions.

policeman at the elbow test

It assesses a defendant's capacity to make choices and regard for apprehension.

expert opinions in insanity cases post-IDRA

Experts are prohibited from giving ultimate opinions about insanity.

burden of proof for insanity after the IDRA

The burden is on the defendant to prove insanity by clear and convincing evidence.