LAW 604 Lecture Notes - Lecture 11: Insanity Defense, Section 15 Of The Canadian Charter Of Rights And Freedoms, Model Penal Code
Document Summary
If he did known nature or quality of act, he did not know that what he was doing was wrong: know can mean, know it"s morally wrong or know it"s illegal. In moral wrong jurisdictions deific decree=if you get a direct command from god, you"re crazy: moral=society"s moral standards (objective, not enough to just know intellectually that it"s wrong; must really appreciate the wrongfulness. Irresistible impulse test: some jurisdictions add a third prong to m"naughten that a person can get an insanity defense if a mental disease/defect/illness impairs their capacity to choose between right and wrong, self-control. Not recognized by many courts. (she said on outline that there"s a volitional component now, so i"m guessing apply this. ) Model penal code (4. 02: a person is insane if has a mental defect (lacks substantial capacity) and, cannot appreciate the criminality/illegality of conduct.
