Criminal Law / Criminal Procedure

Front 1

M'Naughten Rule

Back 1

An accused is entitled to an acquittal if the proof establishes that a disease of the mind caused a defect of reason such that the defendant lacked the ability a the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Sum: Does not know right from wrong and does not understand his actions.

Front 2

Irresistible Impulse Test

Back 2

A defendant is entitled to acquittal only if, because of a mental illness, he was unable to control his actions or conform his conduct to the law.

Sum: has an impulse that he cannot resist.

Front 3

Durham (NH) Test

Back 3

A D is entitled to acquittal if the crime was the product of his mental illness (would have not been committed but for the disease.)

But for mental illness, would have not done the act.

Front 4

ALI MOdel Penal Code Test

Back 4

Modern trend. If he has a mental disease or defect, and as a result, he lacked the substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

Cannot appreciate criminality or conform conduct to the requirements of the law.

Front 5

Murder

Back 5

Unlawful killing of another human being with malice aforethought. Malice is shown by intent to: kill, inflict great bodily injury, reckless indifference to unjustifiably high risk to human life, felony.

Front 6

Self Defense

Back 6

D must be: 1) without fault

2) be confronted with unlawful force

3) Reasonably believe that he is threatened with imminent death or great bodily harm.

Front 7

Proximate Cause

Back 7

Requried for murder. D's act must proximately cause victim's death.

Front 8

First Degree Murder

Back 8

Premeditation and deliberation.

Front 9

Voluntary Manslaughter

Back 9

Distinguished from murder by existence of adequate provocation.

Arouse sudden and intense passion in mind of ordinary person.

No cooling off period.