Insanity

Question 1

4 Legal Tests for Insanity
1. ?
2.
3.
4.

Answer 1

1. M’Naghten Test (Right from Wrong)

Question 2

4 Legal Tests for Insanity
1.
2. ?
3.
4.

Answer 2

2. Irresistible-Impulse Test (Inability to conform conduct to the law)

Question 3

4 Legal Tests for Insanity
1.
2.
3. ?
4.

Answer 3

3. Durham Rule (but-for test)

Question 4

4 Legal Tests for Insanity
1.
2.
3.
4. ?

Answer 4

4. MPC Test (combines M’Naghten Test and Irresistible-Impulse Test)

Question 5

What are the 4 legal tests for insanity?

Answer 5

1. M’Naghten Test (right from wrong)
2. Irresistible Impulse Test: (Inability to conform conduct to the law)
3. Durham Rule (but-for test)
4. MPC Test (combines M’Naghten and Irresistible Impulse Test)

Question 6

Under the _______, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) Appreciate the wrongfulness of the act or
(ii) Conform the (D)’s conduct to the law.

Answer 6

MPC

Question 7

Under the MPC, a (D) is ____________ if the (D) lacked substantial capacity as a result of a mental disease or defect to:
(i) Appreciate the wrongfulness of the act or
(ii) Conform the (D)’s conduct to the law.

Answer 7

NOT guilty

Question 8

Under the MPC, a (D) is NOT guilty if the (D) _______ _______ _______ as a result of a mental disease or defect to:
(i) Appreciate the wrongfulness of the act; or
(ii) Conform the (D)’s conduct to the law.

Answer 8

lacked substantial capacity

Question 9

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity ______ _____ _______ ______ mental disease or defect to:
(i) Appreciate the wrongfulness of the act; or
(ii) Conform the (D)’s conduct to the law.

Answer 9

as a result of

Question 10

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of _______ ______ ___ __________ to:
(i) Appreciate the wrongfulness of the act; or
(ii) Conform the (D)’s conduct to the law.

Answer 10

mental disease or defect

Question 11

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) ________ ____ ________ ___ ___ ________; or
(ii) Conform the (D)’s conduct to the law.

Answer 11

Appreciate the wrongfulness of the act

Question 12

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) ??

Answer 12

(i) Appreciate the wrongfulness of the act

Question 13

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) Appreciate the wrongfulness of the act; or
(ii) _______ ____ ____ _____ ___ ______.

Answer 13

Conform the (D)’s conduct to the law.

Question 14

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) Appreciate the wrongfulness of the act; or
(ii) ??

Answer 14

(ii) conform the (D)’s conduct to the law.

Question 15

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) Appreciate the wrongfulness of the act; or
(ii) Conform the (D)’s conduct to the law.

To claim the defense under the MPC, the (D) must have _______ _________ __________ at the time of the unlawful conduct.

Answer 15

lacked substantial capacity

Question 16

Under the MPC, a (D) is NOT guilty if the (D) lacked substantial capacity as a result of mental disease or defect to:
(i) Appreciate the wrongfulness of the act; or
(ii) Conform the (D)’s conduct to the law.

To claim a defense under the MPC, the (D) must have lacked substantial capacity ____ _____ ____ ____ ___ ________ _______.

Answer 16

at the time of the unlawful conduct

Question 17

Under the ________ _______, a (D) is NOT guilty if:
(i) The unlawful act was the product of the (D)’s mental disease or defect
and
(ii) The (D) would not have committed the unlawful act but for the disease or defect.

Answer 17

Durham Rule

Question 18

Under the Durham Rule, a (D) is __________ if:
(i) The unlawful act was the product of the (D)’s mental disease or defect
AND
(ii) The (D) would not have committed the unlawful act but for the disease or defect.

Answer 18

NOT guilty

Question 19

Under the Durham Rule, a (D) is NOT guilty if:
(1) ________ ________ ______ was the product of the (D)’s mental disease or defect
AND
(2) The (D) would not have committed the unlawful act but for the disease or defect.

Answer 19

The unlawful act

Question 20

Under the Durham Rule, the (D) is NOT guilty if:
(1) The unlawful act ____ ____ ______ _____ the (D)’s mental disease or defect
AND
(2) The (D) would not have committed the unlawful act but for the disease or defect.

Answer 20

was the product of

Question 21

Under the Durham Rule, the (D) is NOT guilty if:
(1) The unlawful act was the product of ___ _________ ______ ______ ___ ________;
AND
(2) The (D) would not have committed the unlawful act but for the disease or defect.

Answer 21

the (D)’s mental disease or defect.

Question 22

Under the Durham Rule, the (D) is NOT guilty if:
(1) ???

Answer 22

(1) The unlawful act was a product of the (D)’s mental disease or defect

Question 23

Under the Durham Rule, the (D) is NOT guilty if:
(1) The unlawful act was the product of the (D)’s mental disease or defect
AND
(2) _____ _______ _____ ____ ______ _________ the unlawful act but for the disease or defect.

Answer 23

The (D) would not have committed

Question 24

Under the Durham Rule, the (D) is NOT guilty if:
(1) The unlawful act was a product of the (D)’s mental disease or defect
AND
(2) The (D) would not have committed _____ _________ ________ but for the disease or defect.

Answer 24

the unlawful act

Question 25

Under the Durham rule, the (D) is NOT guilty if: (1) The unlawful act was a product of the (D)'s mental disease or defect AND (2) The (D) would not have committed the unlawful act ____ ____ ____ ____ ____ ______.

Answer 25

but for the disease or defect

Question 26

_______ ______ _________ ________ _______, the (D) is NOT guilty if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law.

Answer 26

under the irresistible impulse test

Question 27

Under the irresistible impulse test, the (D) is ____________ if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law.

Answer 27

NOT guilty

Question 28

Under the irresistible impulse test, the (D) is NOT guilty _____ ____ _____ _____ _______ for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law.

Answer 28

if he lacked the capacity

Question 29

Under the irresistible impulse test, the (D) is NOT guilty if he lacked the capacity ____ ____ _________ and free choice because mental disease and defect prevented him from being able to conform his conduct to the law.

Answer 29

for self-control

Question 30

Under the Irresistible impulse test, the (D) is NOT guilty if he lacked the capacity for self-control ____ ____ _______ because mental disease and defect prevented him from being able to conform his conduct to the law.

Answer 30

and free choice

Question 31

Under the Irresistible Impulse Test, the (D) is NOT guilty if he lacked the capacity for self-control and free choice _______ ______ _____ ____ _________ prevented him from being able to conform his conduct to the law.

Answer 31

because mental disease and defect

Question 32

Under the Irresistible Impulse Test, the (D) is NOT guilty if he lacked the capacity for self-control and free choice because mental disease and defect _______ _______ ____ _____ _____ to conform his conduct to the law.

Answer 32

prevented him from being able

Question 33

Under the Irresistible Impulse Test, the (D) is NOT guilty if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to _________ ____ _______ ___ ___ ______.

Answer 33

conform his conduct to the law.

Question 34

Under the Irresistible Impulse Test, the (D) is NOT guilty if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law. _____ ______ ___ _______ need not be sudden. The impulse required for this test is an impulse that the (D) could not resist.

Answer 34

The loss of control

Question 35

Under the Irresistible Impulse Test, the (D) is NOT guilty if he lacked the capacity for self-control and free choice because mental disease and defect prevented him from being able to conform his conduct to the law. The loss of control _____ ___ ___ ______. The impulse required for this test is an impulse that the (D) could not resist.

Answer 35

need not be sudden

Question 36

Under the Irresistible Impulse Test, the (D) is NOT guilty if he lacked the capacity for self-control or free choice because mental disease and defect prevented him from being able to conform his conduct to the law. The loss of control need not be sudden. The _________ required for this test is an _______ that the (D) could not _______.

Answer 36

impulse impulse resist