Mental Incapacity - Revision history

Ibjadmin at 13:42, 12 November 2010

2010-11-12T13:42:49Z

← Older revision		Revision as of 15:42, 12 November 2010
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	*[[Infancy Defense]]		*[[Infancy Defense]]



	----		----
	See ~~generally~~ [[Defenses]]		See [[Defenses]]

Ibjadmin at 15:07, 8 November 2010

2010-11-08T15:07:06Z

← Older revision		Revision as of 17:07, 8 November 2010
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	Examples of incapacity include:		Examples of incapacity include:

	[[Insanity Defense]]		*[[Insanity Defense]]

	[[Diminished Capacity ~~Defense]]~~		*[[Diminished Capacity Defense]]

	~~[[Infancy~~ Defense]]

			*[[Infancy Defense]]



			----
	See generally [[Defenses]]		See generally [[Defenses]]

Eric.n.feldman at 10:58, 27 October 2010

2010-10-27T10:58:23Z

← Older revision		Revision as of 12:58, 27 October 2010
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	[[Insanity Defense]]		[[Insanity Defense]]

			[[Diminished Capacity Defense]]

	[[Infancy Defense]]		[[Infancy Defense]]

	~~[[Diminished Capacity Defense]]~~


	See generally [[Defenses]]		See generally [[Defenses]]

Eric.n.feldman at 10:53, 27 October 2010

2010-10-27T10:53:26Z

← Older revision		Revision as of 12:53, 27 October 2010
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	[[Insanity Defense]]		[[Insanity Defense]]

	[[== Infancy Defense]]		[[Infancy Defense]]

	[[Diminished Capacity Defense]]		[[Diminished Capacity Defense]]

Eric.n.feldman at 10:52, 27 October 2010

2010-10-27T10:52:38Z

← Older revision		Revision as of 12:52, 27 October 2010
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	Under this defense, the lawyer argues that the defendant lacked the capacity to distinguish right from wrong or to understand the likely consequences of his/her actions		Under this defense, the lawyer argues that the defendant lacked the capacity to distinguish right from wrong or to understand the likely consequences of his/her actions.

	Examples of incapacity include:		Examples of incapacity include:

	~~'''~~Insanity~~'''~~		[[Insanity Defense]]

			[[== Infancy Defense]]

	~~== Infancy ==~~		[[Diminished Capacity Defense]]
	~~The defendant was too young to be held criminally liable for the crime~~

	~~== Diminished responsibility ==~~
	~~The defendant was mentally incapable of the intent required for the crime~~

	See [[Defenses]]		See generally [[Defenses]]

Eric.n.feldman: /* Insanity */

2010-10-27T10:51:00Z

Insanity

@@ Line 2: / Line 2: @@
 Examples of incapacity include:
-== Insanity ==
+'''Insanity'''
 == Infancy ==

Ibjadmin: /* Defenses */

2010-06-08T20:15:12Z

Defenses

← Older revision		Revision as of 22:15, 8 June 2010
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	The defendant was mentally incapable of the intent required for the crime		The defendant was mentally incapable of the intent required for the crime

	~~== Defenses ==~~		See [[Defenses]]

	~~'''Table of Contents'''~~

	~~===Procedural Defenses===~~
	* [[Double jeopardy]]
	*[[ Statutory Limitation]]
	*[[ Lack of jurisdiction]]
	* [[Entrapment]]
	* [[~~Procedural defects]]~~
	* [[Motion to suppress]]
	*[[ Immunity and Public Authority]]

	~~===Normal~~ Defenses~~===~~
	* [[Self-Defense]]
	* [[Defense of others]]
	* [[Defense of property]]
	* [[Mental Incapacity]]
	* [[Alibi]]
	* [[Necessity]]
	* [[Duress]]
	* [[Physical Impossibility]]
	* [[Mistake of Law]]
	* [[Mistake of Fact]]
	* [[Mistake of identity]]
	* [[Consent]]
	* [[Lack of intent]]
	* [[Maltreated Women Syndrome]]
	*[[ Intoxication]]
	* [[Criminal act with Sincere Intent]]

Ddemetriou at 13:19, 31 May 2010

2010-05-31T13:19:38Z

← Older revision		Revision as of 15:19, 31 May 2010
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	== Diminished responsibility ==		== Diminished responsibility ==
	The defendant was mentally incapable of the intent required for the crime		The defendant was mentally incapable of the intent required for the crime

			== Defenses ==

			'''Table of Contents'''

			===Procedural Defenses===
			* [[Double jeopardy]]
			*[[ Statutory Limitation]]
			*[[ Lack of jurisdiction]]
			* [[Entrapment]]
			* [[Procedural defects]]
			* [[Motion to suppress]]
			*[[ Immunity and Public Authority]]

			===Normal Defenses===
			* [[Self-Defense]]
			* [[Defense of others]]
			* [[Defense of property]]
			* [[Mental Incapacity]]
			* [[Alibi]]
			* [[Necessity]]
			* [[Duress]]
			* [[Physical Impossibility]]
			* [[Mistake of Law]]
			* [[Mistake of Fact]]
			* [[Mistake of identity]]
			* [[Consent]]
			* [[Lack of intent]]
			* [[Maltreated Women Syndrome]]
			*[[ Intoxication]]
			* [[Criminal act with Sincere Intent]]

Ddemetriou at 15:08, 7 April 2010

2010-04-07T15:08:05Z

← Older revision		Revision as of 17:08, 7 April 2010
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	The insanity defense is based on the principle that the government can justify punishment only if the accused is capable of controlling his behavior and was capable at the time the crime was committed of understanding that his actions were wrongful. If the defendant was incapable of distinguishing right from wrong when he committed the crime, he cannot be held criminally responsible. An insanity defense generally rests on the testimony of a psychiatrist who examined the defendant, his history, and the facts of the case. In the United States, the court will appoint a psychiatrist at the government's expense to examine the defendant if he cannot afford to hire his own psychiatrist.		The insanity defense is based on the principle that the government can justify punishment only if the accused is capable of controlling his behavior and was capable at the time the crime was committed of understanding that his actions were wrongful. If the defendant was incapable of distinguishing right from wrong when he committed the crime, he cannot be held criminally responsible. An insanity defense generally rests on the testimony of a psychiatrist who examined the defendant, his history, and the facts of the case. In the United States, the court will appoint a psychiatrist at the government's expense to examine the defendant if he cannot afford to hire his own psychiatrist.

	The insanity defense is a controversial and complicated topic and a full discussion is beyond the scope of this resource. There are various definitions and standards for insanity.		The insanity defense is a controversial and complicated topic and a full discussion is beyond the scope of this resource. There are various US definitions and standards for insanity:

			* M'Naghten Rule - A defendant is not guilty if the proof establishes that a mental disease prevents the defendant from being able to distinguish right from wrong.
			* Irresistible Impulse Test - A defendant is not guilty if the proof establishes that because of a mental illness the defendant was unable to control his actions or conform his conduct to the law. With the irresistible impulse test, the defendant may recognize his actions are wrong but cannot control them due to mental illness.
			* Durham/New Hampshire Test - A defendant is not guilty if the proof establishes that his crime was the product of a mental disease or defect. This is a "but for" test. A crime is a "product of" the disease if it would not have been committed but for the mental illness. It is a broad test and gives psychiatrists great latitude to testify about the defendant's mental condition. This test is controversial because it is very broad and thus is only used in a few jurisdictions.
			* Model Penal Code Test - Many jurisdictions in the United States are starting to adopt this test. It is a combination of the M'Naghten rule and the Irresistible Impulse test. Under this test, the defendant is entitled to a not guilty verdict if he suffered from a mental disease and as a result lacked substantial capacity to either: a) appreciate the criminality (wrongfulness) of his conduct; or (b) conform his conduct to the requirements of law.


	If a defendant is acquitted as a result of the insanity defense, he is released. Because of the controversial nature of the plea, and the obvious concern about releasing a person who has committed a crime, many jurisdictions have adopted a "guilty but mentally ill" or "guilty by reason of insanity" plea. Under this plea, a defendant admits guilt and is sentenced to a mental health institution until he is judged able to return safely to society.		If a defendant is acquitted as a result of the insanity defense, he is released. Because of the controversial nature of the plea, and the obvious concern about releasing a person who has committed a crime, many jurisdictions have adopted a "guilty but mentally ill" or "guilty by reason of insanity" plea. Under this plea, a defendant admits guilt and is sentenced to a mental health institution until he is judged able to return safely to society.

Ddemetriou at 15:06, 7 April 2010

2010-04-07T15:06:11Z

← Older revision		Revision as of 17:06, 7 April 2010
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	Under this defense, the lawyer argues that the defendant lacked the capacity to distinguish right from wrong or to understand the likely consequences of his/her actions		Under this defense, the lawyer argues that the defendant lacked the capacity to distinguish right from wrong or to understand the likely consequences of his/her actions
	Examples of incapacity include:		Examples of incapacity include:


	== Insanity ==		== Insanity ==