Mbe Criminal Law: Defenses Flashcards Questions And Answers Verified Newest Learn About: - Insanity Defens

MBE Criminal Law: Defenses Flashcards questions and answers verified newest Learn about: - Insanity defense - Justification defense - Self-defense - Defense of third parties - Defense of property - Intoxication defense - Consent - Entrapment - Mistake Q1 What are the two general types of defenses for specific intent crimes? A 1. Capacity (insanity, intoxication, etc) 2. Justification (self-defense, etc) 2 Q What are the tests for insanity? A 1. MNaghten; 2. Irresistible Impulse; 3. Durham/New Hampshire test; and4. Model Penal Code standard 3 Q Elements of MNaghten test A 1. D suffered from a mental disease or defect in reasoning; and 2. D was unable to understand the nature and quality of his act OR that what he was doing was wrong 4 Q Define Irresistible Impulse test A Looks at whether D is incapable of controlling his behavior. Many states use both MNaghten & the Irresistible Impulse test. 5 Q DefineDurham/New Hampshire test A D will be acquitted if his actions were the product of a mental disease or defect (but for) 6 Q What is the MPC test for insanity? A As a result of mental disease or defect, D lacks substantial capacity to either: Appreciate