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Definition
| An individual's mental state at the time of a crime |
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| Mental state resulted in offense |
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Wild Beast Test
Rex v Arnold |
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Definition
Individual appears like a beast -> legally insane
Later, threw this concept away because it was too extreme |
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| Individual is capable of procreation -> responsible |
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| Unsound mind lead to not knowing: NATURE/QUALITY of act, WRONGFULLNESS of act |
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| Irresistible Impulse Test |
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Definition
| Police at the elbow, you'd still do it |
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Definition
Not criminally insane / responsible of the act was the result of a mental disorder /defect
Problems: 1. proof 2. people were brought to hospitals and left there longer than they'd be in prison |
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Definition
| NEVER discusses mental disease / defect actually having CAUSED the crime |
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Definition
| Can't say "the disease caused the act"... Experts must allude to it |
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| Brawner Standard / American Law Institute |
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Definition
| Result of a defect leads to the inability to appreciate wrongfullness OR inability to conform one's bahavior to the requirement of law |
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Term
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Definition
Defense had to prove to a proponderance of evidence
Prosecution had to THEN prove beyond a reasonable doubt |
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| Guilty by Mentall Ill Laws |
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Definition
Two Findings:
1. Defendant is mentally ill
2. Defendent committed the crime
Connection between two is not considered |
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Term
| 1984 Insantiy Defense Reform Act |
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Definition
By reason of SEVERE MENAL ILLNESS the defendant lacked the ability to appreciate the NATURE/QUALITY or WRONGFULLNESS of act
Burden of proof on defense for clear and convincing evidence |
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Term
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Definition
Actus Reus (and voluntariness)
Mens Rea
Diminsied Capacity (v. Insanity)
Circumstance Element
Result Element |
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Term
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Definition
Justification claims (duress, self-defense)
Excuse claims (legal insanity, compulsion)
Partial excuse claims (provcation / passion) |
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Definition
| Changes insanity from a cognitive to a control element |
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Must be able to:
Understand nature / object of proceedings, nature / severity of charges, role of key players, nature of pleas, court procedure, POSSIBLE CONSEQUENCES of proceedings, and must be able to COMMUNICATE with counsel |
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Term
| Who may request an assessment? |
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