Period 5
People cannot be held responsible for their actions if they did not know what they were doing. This means that insanity can be a defense to criminal conduct. M’Naughten Rule- The oldest legal test of insanity. Impulse Test- Having a mental disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop him/herself from committing a crime. American Law Institute- Under this rule, the defendant must have a mental disease so serious that he or she lacks substantial capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law.
People who are found not guilty by reason of insanity do not go free. They must go to a mental institution to receive psychiatric treatment. These people are released only when they are found to be sane. Example: Liesl Oatman a school teacher, adopted a former 15 year old English student. Months later she was arrested and charged with engaging in a sex act with her child. The court found her not guilty by reason of insanity. She was sentenced to three years house arrest and seven years probation.
A person was talked into or tricked by a police officer into committing a crime he or she would not otherwise have committed.. Example: Postal inspectors pretending to be a variety of different sellers of pornography spent over 2 years persuading a man to send away for obscene photos. The court ruled that this was entrapment.
There are situations when people believe they are in danger of being hurt or killed. In these cases, people may use force to protect themselves. Example: Pregnant woman holds holds armed home invader at gunpoint until police arrive.
Sometimes, someone believes a family member is in danger of being hurt or killed. In such cases, the person may use force. The rescuer must have a good reason to believe the victim was in danger of severe bodily injury or death. Example: If you or your partner or other family members have a volatile relationship.