PHL 354 Study Guide - Midterm Guide: Equal Protection Clause, Rationality, Model Penal Code
Document Summary
Justification and excuse: the insanity defense: 415 421 theory of justification of defenses (robinson, reasons theory: jd given because of the actor"s reason for acting, his justificatory purpose, deeds theory: justification defense given because the actor"s deed in fact avoids greater harm, most american state criminal codes follow reasons theory: actor justified if he believes conduct is necessary for defense, only deeds theory allows law to clearly id, with the label justified," conduct that it condones/tolerates, 433 437 abolition of the insanity special defense (morris, insanity is a special defense that acts as an excuse, problem w/ sdi: using sdi ignores many other factors that affect criminality, like social problems, instead of sd, treat psych adversities like social adversities, factor them into the sentencing, sdi is morally false, and false because it does not select those most in need of psychiatric treatment, 3 points in favor of rule of diminished responsibility as an alternative.
