2. Copyright, 2000 Charles L. Feer Exemptions to Criminal Liability Capacity Mens Rea: The state of mind that accompanies the criminal act

3. Infancy *Legal rebuttable presumption - Children under 14 years old are incapable of committing crimes. *Presumption may be overcome by “clear and convincing evidence” that child knew wrongfulness. *Children under 7 years old cannot commit crimes.

4. Mental Capacity Insanity:Insanity: –M’naughten Rule –Irresistible Impulse –Durham Test –Substantial Capacity Test (Model Penal Code) –Diminished Capacity Prop. 8 Calif. Eliminated “Diminished Capacity” Defense

5. M’Naghten Rule At the time the act was committed:At the time the act was committed: Defendant was suffering from a defect of reason from a disease of the mind.Defendant was suffering from a defect of reason from a disease of the mind. Defendant did not know: - nature/quality of his act; - that the act was wrongDefendant did not know: - nature/quality of his act; - that the act was wrong

6. Irresistible Impulse Defendant, while not insane, and having an understanding of the nature and quality of his act.Defendant, while not insane, and having an understanding of the nature and quality of his act. Could not control his behavior.Could not control his behavior. Calif. Law Does not recognize Irresistible Impulse.

7. Substantial Capacity Test A person is not criminally responsible if, at the time of the conduct, the person lacked the substantial capacity to:A person is not criminally responsible if, at the time of the conduct, the person lacked the substantial capacity to: Appreciate the criminality of her conduct or conform to the requirements of the law,Appreciate the criminality of her conduct or conform to the requirements of the law, Due to mental disease or defect.Due to mental disease or defect. Note: Substantial Capacity Test Is the adopted test by the Model Penal Code.

8. Diminished Capacity A defendant who is not legally insane may be suffering from mental disease or defect which affects the ability to possess the required mental state.A defendant who is not legally insane may be suffering from mental disease or defect which affects the ability to possess the required mental state. Defense to specific intent crimes.Defense to specific intent crimes. Admissible at the time of sentencing.Admissible at the time of sentencing.

9. Defendant’s Burden Defendant has the burden:Defendant has the burden: –Of production –Of persuasion –Must prove by a “preponderance of the evidence”

10. Defendant Must Plead Not Guilty by reason of insanity.Not Guilty by reason of insanity. Tried on the issue of sanity.Tried on the issue of sanity. If found sane = convicted.If found sane = convicted. Double Plea Defendants may plead not guilty and not guilty by reason of insanity.