Last Modified: 2012-05-08
Related Textbooks:Law and the Mental Health System: Civil and Criminal Aspects (American Casebooks)
The law assumes free will and the capacity to make and act upon choices
The Mental disability reduces this capacity thus making the person less blame worthy and less able to obey the laws mandates
Cognitive test of insanity
"All or nothing" test
50% of the states use this to establish a defense on the grounds of insanity
Loss of ability to control one's behavior.
If a defendant demonstrated cognitive knowledge of right and wrong he could still be found not guilty by reason of insanity if his free will was destroyed or overruled that the person had lost the power to choose between right and wrong
The Product Test
"An accused is not criminally responsible if his unlawful act ws the product of mental disease or defect
Combines Mcaghten and Irresistible Impulse formation into one definition
3. Substantial Factors
The defendants, as a result of SEVERE mental disease or defect, was unable to appreciae the nature and quality of wrongflness of his acts
This is the Alabama Standard
Had to make a choice of two evils.
Ex: We are going to hold your family hostage so you go rob a bank.
This courts have not condoned duress defense if it results in murder (You have to draw the line somewhere)
Imposed when a person makes a choice that deserves blame because it offends certain shared moral sensibilities; the person owes society a debt which must be paid
Views punishment as a means of dissuading persons from committing acts which harm society, whether or not they are blame worthy
The goal of criminal sentencing which seeks to prevent a particular offender from engaging in repeat criminality;
Three strike law - we want you to know this is not a smart thing to do
Imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses
Put you in jail -> Reduce the likelihood you will do this again
Life without parole -> Remove you from society
1. The defendant was suffering from a defect of reason, from the disease of the mind.
2. As a result, the defendant did not know the nature and quality of the act he was doing
3. An inquiry has been carried out to determine whether the defendant knew what he was doing was wrong
is not legally responsible
1. If by reason of the duress of _____ mental disease had had so far lost the power to choose between right and wrong, to avoid the act in question, as that his free agency was at the time destroyed.
2. If so, at the same time, the alleged crime was so connected with such mental disease in the relation of cause and effect, as to have been the product of it soley
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