1. Mental State and Crime “Nature, Mr. Allnut, is what we are put in this world to rise above.” Katherine Hepburn to Humphrey Bogart, The African Queen

3. Offenders by Age and Sex (Britain)

4. Crime involves: 1. legally proscribed conduct (actus reus) 2. that causes harm 3. coincides with blameworthy frame of mind (mens rea) 4. and carries with it punishment

5. The Case of the Dog “Provetie,”p. 503

6. Self-Defense Use of force to repel an imminent, unprovoked attack, in which defendant reasonably believes that s/he or others might be seriously injured and where there is no alternative May include defense of property when it is the home

7. State v. Leidholm, p. 421

8. Question: Should We Abolish the Insanity Defense? Pro: Norval Morris Con: Stephen Morse First a tour of insanity defenses

9. Insanity Tests M’Naghten test Irresistible impulse Durham rule Substantial capacity Appreciation test Guilty But Mentally Ill

10. M’Naghten test 1843 British Case – attempt on life of Prime Minister, Sir Robert Peel Defendant must be “laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong.”

11. Irresistible impulse Defendant must show that: Mental diseases has deprived the accused of willpower to resist the insane impulse Rather than focus on impaired mens rea, focuses on impaired actus reus

12. Durham rule Durham v. U.S. (1954) Defendant must show that unlawful acts were the product of a mental disease or defect Makes standard more medical in nature, less about moral responsibility

13. Substantial Capacity (Model Penal Code) A person is not responsible for criminal conduct if … as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law

14. Appreciation test (1984 Comprehensive Crime Control Act) “the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his act.”

15. Diminished Capacity Because of mental impairment or disease, defendant is simply incapable of reaching the mental state required to commit a particular crime Unlike insanity, does not excuse crime, but mitigates culpability, resulting in lesser charge

16. State v. Cameron, p. 430

17. Atkins v. Virginia, p. 471