ChapterChapter SixSixExcusesExcusesAn afrmative defenseAn afrmative defenseAdmits doing wrong but, under the Admits doing wrong but, under the circumstances, claims not legally circumstances, claims not legally responsibleresponsibleIf successful, defendant is not If successful, defendant is not acquitted, gets either acquitted, gets either civil civil commitmentcommitment or convicted of some or convicted of some lesser oenselesser oenseExamplesExamplesInsanityInsanityAgeAge!uress!uressIntoxicationIntoxicationEntrapmentEntrapmentSyndromesSyndromes!iminished Capacity!iminished CapacityInsanityInsanityAurora "heater ShootingAurora "heater Shooting!e#ned$!e#ned$ a defense based on a a defense based on a defendant%s mental disease or defectdefendant%s mental disease or defectA legal concept, not a medicalconceptA legal concept, not a medicalconcept&ationale&ationale ' don%t want to blame people ' don%t want to blame people who aren%t responsible for their actionswho aren%t responsible for their actionsConsequence$Consequence$ civil commitment, not civil commitment, not freedomfreedom(ow do we determine who is (ow do we determine who is legally insane)legally insane)*+ *+,%-aghten &ule,%-aghten &ule.+ .+/roduct of ,ental Illness "est/roduct of ,ental Illness "est0+ 0+Irresistible Impulse "estIrresistible Impulse "est1+ 1+Substantial Capacity "estSubstantial Capacity "est,%-aghten &ule,%-aghten &ule a+2+a+ 3"he &ight$4rong "est5a+2+a+ 3"he &ight$4rong "est5Established in English Common law ' Established in English Common law ' *610*610!epends on person%s mental capacity !epends on person%s mental capacity to 2now right from wrongto 2now right from wrongElementsElements*+ *+"he ! had "he ! had a mental disease or a mental disease or defectdefect at the time of the crime7 andat the time of the crime7 and.+ .+"hat disease or defect caused the "hat disease or defect caused the defendant to not 2now either8defendant to not 2now either8the the nature and quality of their actionsnature and quality of their actions ororwhat they were doing was wrongwhat they were doing was wrong9ey "erms !e#ned:9ey "erms !e#ned:,ental disease,ental disease8psychosis;i+e++ /aranoid 8psychosis;i+e++ /aranoid schised to be the federal standardEven if ! 2new what he was doing Even if ! 2new what he was doing was wrong, was he able to resist the was wrong, was he able to resist the urge to commit the act)urge to commit the act)Is ! suering from some mental Is ! suering from some mental disease that damages his will powerdisease that damages his will power"est"est*+ *+At the time of the crime was ! At the time of the crime was ! suering with a disease of the suering with a disease of the mind)mind)*+ *+If so, did he 2now right from wrong) If so, did he 2now right from wrong) ;if no, excused= ;if no, excused= 0+ 0+If ! did 2now right from wrong, will If ! did 2now right from wrong, will still be excused if8still be excused if8the mental disease caused the ! to so farthe mental disease caused the ! to so far lose the power to choose between rightlose the power to choose between right and wrong and avoid doing the crime thatand wrong and avoid doing the crime that the diseasethe disease destroyed destroyed his free will his free willAnd the mental disease was the sole causeAnd the mental disease was the sole cause of the act of the actIrresistible Impulse con%t:Irresistible Impulse con%t:Abolished after the ?ohn (inc2ley Abolished after the ?ohn (inc2ley casecase?uries can%t determine the #ne line ?uries can%t determine the #ne line between impulses that are beyond between impulses that are beyond the power to control and those that the power to control and those that are notare notSubstantial Capacity "estSubstantial Capacity "est;,/C=;,/C=A person is not responsible for criminal A person is not responsible for criminal conduct if at the time of such conduct, conduct if at the time of such conduct, as a result of mental disease or defect, as a result of mental disease or defect, he lac2s substantial capacity either to8he lac2s substantial capacity either to8*+ *+appreciate the criminality ;wrongfulness= appreciate the criminality ;wrongfulness= of his conduct or of his conduct or .+ .+to conform his conduct to the to conform his conduct to the requirements of the law requirements of the law ?ohn (inc2ley, ?r+?ohn (inc2ley, ?r+Attempted Assassination of Attempted Assassination of /resident &eagan/resident &eaganImpact of (inc2leyImpact of (inc2ley@efore (inc2ley, burden on gov%t to prove @efore (inc2ley, burden on gov%t to prove sanity beyond a reasonable doubt+sanity beyond a reasonable doubt+Aederal Aederal Crime Control ActCrime Control Act, shifted the , shifted the burden to ! having to prove insanity by burden to ! having to prove insanity by clear and convincing evidenceclear and convincing evidence,ost states have shifting burdens+Sanity ,ost states have shifting burdens+Sanity is presumed and ! must oer some is presumed and ! must oer some evidence+ If they do, the burden then shifts evidence+ If they do, the burden then shifts to gov%t to prove sanity to gov%t to prove sanity AgeAge0rd Braders /lot to 9ill 0rd Braders /lot to 9ill "eacher) "eacher) At Common Caw:At Common Caw:>nder D ' no criminal capacity to >nder D ' no criminal capacity to commit crimescommit crimesD$*1$ presumed to have no criminal D$*1$ presumed to have no criminal capacity, but that presumption can capacity, but that presumption can be overcomebe overcome over *1 ' same capacity as adults over *1 ' same capacity as adults State statutesState statutessets a speci#c age under which sets a speci#c age under which children are subEect to Euvenile children are subEect to Euvenile delinquency proceedingsdelinquency proceedingsprovides some exceptions under provides some exceptions under which the Euvey court can which the Euvey court can waivewaive Eurisdiction and transfer the child to Eurisdiction and transfer the child to adult courtadult courtState v+ 9+&+CState v+ 9+&+C++!uress!uress!e#ned!e#ned! argues he should be excused ! argues he should be excused because he was threatened with because he was threatened with harm if he didn%t commit the crime harm if he didn%t commit the crime ;coercion= ;coercion= ElementsElements*+ *+"hreats amounting to duress"hreats amounting to duress.+ .+Immediacy of harm Immediacy of harm 0+ 0+Crimes this defense applies to Crimes this defense applies to variesvaries1+ 1+!egrees of belief regarding the !egrees of belief regarding the threatthreat*+ *+;varies depending on the Eurisdiction=;varies depending on the Eurisdiction=IntoxicationIntoxicationFoluntary Foluntary vs+vs+InvoluntaryInvoluntaryInvoluntary intoxication is an excuse Involuntary intoxication is an excuse to criminal liability in all statesto criminal liability in all statesAairness $ not responsible for their Aairness $ not responsible for their actions, blameworthinessactions, blameworthinessFoluntary intoxication is not an excuseFoluntary intoxication is not an excuse-ot Eust alcohol:-ot Eust alcohol:

Includes 3all substances that disturb Includes 3all substances that disturb mental and physical capacities+5mental and physical capacities+5EntrapmentEntrapment;"he government made me do ;"he government made me do itG=itG=!e#ned:!e#ned:Bov%t agents ;police= inducting Bov%t agents ;police= inducting people to commit crimes they people to commit crimes they otherwise would not have otherwise would not have committed committed "wo "ests8"wo "ests8*+ *+ SubEective SubEective.+ .+ HbEective HbEectiveSubEective "estSubEective "estIuestion84here did the criminal intent Iuestion84here did the criminal intent originate)originate)! introduces some evidence that he was ! introduces some evidence that he was entrappedentrapped"he burden shifts to gov%t to prove the "he burden shifts to gov%t to prove the 3defendant had a disposition to commit the 3defendant had a disposition to commit the crime5;ie+ predisposed to commit the crime=crime5;ie+ predisposed to commit the crime=Bov%t proves predisposition Bov%t proves predisposition by:by:*+ *+prior convictions for similar crimesprior convictions for similar crimes.+ .+willingness to commit similar willingness to commit similar oensesoenses0+ 0+display criminal expertise in display criminal expertise in carrying out the oensecarrying out the oense1+ 1+readiness to commit the crimereadiness to commit the crimeHbEective testHbEective testAocus on actions of the gov%tAocus on actions of the gov%tIuestion84here did the intent originate)Iuestion84here did the intent originate)if intent originated with gov%t and their if intent originated with gov%t and their actions would tempt an ordinarily law$actions would tempt an ordinarily law$abiding person to commit a crime, case abiding person to commit a crime, case should be dismissed+should be dismissed+Aim J to deter unsavory police methodsAim J to deter unsavory police methodsHliver v+ StateHliver v+ State"he Case Comparison"he Case ComparisonCase #1:Oliver Case #1:Oliver!ecoy appeared!ecoy appeared intoxicated and asleep intoxicated and asleep,oney prominently,oney prominently displayed protrudingdisplayed protruding from poc2et from poc2etInitially tried to helpInitially tried to help decoy decoy-ot originally-ot originally intending to commitintending to commit the crime the crimeCase #2:Depasquale Case #2:Depasquale!ecoy woman in plain!ecoy woman in plain clothes carrying her purse clothes carrying her purse,oney is visible in her,oney is visible in her purse but realisticallypurse but realistically displayed displayed!efendant had no other!efendant had no other contact with the decoy,contact with the decoy, butgave in to thebutgave in to the temptation of histemptation of his codefendant to stal2 thecodefendant to stal2 the target targetSyndromesSyndromes!e#ned8groups of symptoms !e#ned8groups of symptoms ;syndromes= that impair mental ;syndromes= that impair mental capacitycapacityAects !%s capacity to form speci#c Aects !%s capacity to form speci#c intentintentExamples8Examples8/ost "raumatic Stress !isorder /ost "raumatic Stress !isorder@attered Spouse Syndrome @attered Spouse Syndrome!iminished Capacity!iminished Capacity,ental disease or defect that does not ,ental disease or defect that does not rise to the level of insanity, but rise to the level of insanity, but diminishes ones ability ;capacity= to diminishes ones ability ;capacity= to form the required mens reaform the required mens reatechnically not a Eusti#cation or an excuse technically not a Eusti#cation or an excuse 9noc2s out mens rea, therefore all 9noc2s out mens rea, therefore all elements not present, no crime committedelements not present, no crime committedIf successful, not acquitted, but guilty of a If successful, not acquitted, but guilty of a lesser oenselesser oense

KKEx+ "win2ie defenseKKEx+ "win2ie defense