Chapter Six

Excuses

An affirmative defense

Admits doing wrong but, under the

circumstances, claims not legally
responsible

If successful, defendant is not

acquitted, gets either civil
commitment or convicted of some
lesser offense

Examples

Insanity
Age
Duress
Intoxication
Entrapment
Syndromes
Diminished Capacity

Insanity

Aurora Theater Shooting

Defined- a defense based on a

defendants mental disease or defect

A legal concept, not a medical concept

Rationale dont want to blame people

who arent responsible for their actions

Consequence- civil commitment, not

freedom

How do we determine who is

legally insane?
1.
2.
3.
4.

MNaghten Rule
Product of Mental Illness Test
Irresistible Impulse Test
Substantial Capacity Test

MNaghten Rule

a.k.a. The Right-Wrong Test

Established in English Common law

1843

Depends on persons mental capacity

to know right from wrong

Elements
1.

2.

The D had a mental disease or

defect at the time of the crime; and
That disease or defect caused the
defendant to not know either:

the nature and quality of their actions or

what they were doing was wrong

Key Terms Defined

Mental disease: psychosis (i.e.. Paranoid

schiz.) not sociopaths (career criminals);
antisocials (loners, violent)

Mental defect: mental retardation or brain

damage
Know: simple awareness
Nature and quality: dont know what
youre doing.

Product-of-Mental-IllnessTest

A.k.a. The Durham Test

New Hampshire only
Test: Acts that are the products of
mental illness or disease excuse
criminal liability

Irresistible Impulse test

a.k.a - volitional incapacity test

Used to be the federal standard
Even if D knew what he was doing
was wrong, was he able to resist the
urge to commit the act?
Is D suffering from some mental
disease that damages his will power

Test
1.

At the time of the crime was D

suffering with a disease of the
mind?

1.

If so, did he know right from wrong?

(if no, excused)

3.

If D did know right from wrong, will

still be excused if:

the mental disease caused the D to so far

lose the power to choose between right
and wrong and avoid doing the crime that
the disease destroyed his free will

And the mental disease was the sole cause

of the act

Irresistible Impulse cont

Abolished after the John Hinckley

case

Juries cant determine the fine line

between impulses that are beyond
the power to control and those that
are not

Substantial Capacity Test

(MPC)
A person is not responsible for criminal
conduct if at the time of such conduct,
as a result of mental disease or defect,
he lacks substantial capacity either to:
1.

2.

appreciate the criminality (wrongfulness)

of his conduct or
to conform his conduct to the
requirements of the law

John Hinckley, Jr.

Attempted Assassination of
President Reagan

Impact of Hinckley

Before Hinckley, burden on govt to prove

sanity beyond a reasonable doubt.

Federal Crime Control Act, shifted the

burden to D having to prove insanity by
clear and convincing evidence

Most states have shifting burdens. Sanity

is presumed and D must offer some
evidence. If they do, the burden then shifts
to govt to prove sanity

Age

3rd Graders Plot to Kill

Teacher?

At Common Law

Under 7 no criminal capacity to

commit crimes

7-14 - presumed to have no criminal

capacity, but that presumption can
be overcome

over 14 same capacity as adults

State statutes

sets a specific age under which

children are subject to juvenile
delinquency proceedings
provides some exceptions under
which the juvey court can waive
jurisdiction and transfer the child to
adult court

State v. K.R.L.

Duress

Defined
D argues he should be excused
because he was threatened with
harm if he didnt commit the crime
(coercion)

Elements
1.
2.
3.

4.

Threats amounting to duress

Immediacy of harm
Crimes this defense applies to
varies
Degrees of belief regarding the
threat
1.

(varies depending on the jurisdiction)

Intoxication

Voluntary
vs.
Involuntary

Involuntary intoxication is an excuse

to criminal liability in all states

Fairness - not responsible for their

actions, blameworthiness

Voluntary intoxication is not an excuse

Not just alcohol

Includes all substances that disturb
mental and physical capacities.

Entrapment
(The government made me do
it!)

Defined

Govt agents (police) inducting

people to commit crimes they
otherwise would not have
committed

Two Tests:
1.
2.

Subjective
Objective

Subjective Test

Question: Where did the criminal intent

originate?

D introduces some evidence that he was

entrapped

The burden shifts to govt to prove the

defendant had a disposition to commit the
crime (ie. predisposed to commit the crime)

Govt proves predisposition

by
1.
2.

3.

4.

prior convictions for similar crimes

willingness to commit similar
offenses
display criminal expertise in
carrying out the offense
readiness to commit the crime

Objective test

Focus on actions of the govt

Question: Where did the intent originate?

if intent originated with govt and their

actions would tempt an ordinarily lawabiding person to commit a crime, case
should be dismissed.

Aim = to deter unsavory police methods

Oliver v. State

The Case Comparison

Case #1: Oliver
Decoy appeared
intoxicated and asleep
Money prominently
displayed protruding
from pocket
Initially tried to help
decoy
Not originally
intending to commit
the crime

Case #2: Depasquale

Decoy woman in plain

clothes carrying her purse
Money is visible in her
purse but realistically
displayed
Defendant had no other
contact with the decoy,
but gave in to the
temptation of his
codefendant to stalk the
target

Syndromes

Defined: groups of symptoms

(syndromes) that impair mental
capacity

Affects Ds capacity to form specific

intent

Examples:
Post Traumatic Stress Disorder
Battered Spouse Syndrome

Diminished Capacity

Mental disease or defect that does not

rise to the level of insanity, but
diminishes ones ability (capacity) to
form the required mens rea

technically not a justification or an excuse

Knocks out mens rea, therefore all
elements not present, no crime committed
If successful, not acquitted, but guilty of a
lesser offense

**Ex. Twinkie defense