ADMJ 103 Lecture Notes - Lecture 32: Irresistible Impulse, Mens Rea, Affirmative Defense
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Competence (mental condition) at the time of the crime. Mpc (strong minority rising, until hinkley assassination attempt) An insane person doesn"t know the nature and quality of what he"s done. Or, if he did, he doesn"t know what he was doing was either morally or legally wrong. Cognitive only (does not include volitional prong) Adapted m"naghten test & added volitional prong. Durham test (developed by d. c. crt of app) Conduct is the product of mental illness. W/o more guidance for juries, experts usurp their role. Mpc test (prof p personally likes this test best) Appreciate [not just know] the criminality (or wrongfulness. [optional term for states]) of his conduct [cognitive prong] Or to conform his conduct to the law [volitional prong] Mpc test was once the majority (pre-hinckley). Texas (no volitional prong; only cognitive prong) A defendant is not guilty of a crime by reason of insanity if. At the time of the conduct charged.