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MPC §4.01  As a result of a mental disease or defect he or she lacked substantial capacity to: –Appreciate the criminality (wrongfulness) –Conform his.

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Presentation on theme: "MPC §4.01  As a result of a mental disease or defect he or she lacked substantial capacity to: –Appreciate the criminality (wrongfulness) –Conform his."— Presentation transcript:

1 MPC §4.01  As a result of a mental disease or defect he or she lacked substantial capacity to: –Appreciate the criminality (wrongfulness) –Conform his or her conduct to the requirements of the law.

2 Questions about the Insanity Defense  Should the definition of insanity include a volitional prong?  What is the definition of “know?” –Formal cognition, or –The ability to evaluate conduct in terms of its impact on others and appreciate its consequences.

3 M’Naghten (p. 879)  Defect of reason or defect of mind; and –Did not know the nature of the act, or –Knowing the nature of the act, did not know that it was wrong.  Problems with test: –Complete impairment –Restriction to impairment of cognition –Artificial restriction on expert testimony

4 Questions about the Insanity Defense  Should the definition of insanity include a volitional prong?  What is the definition of “know?” –Formal cognition, or –The ability to evaluate conduct in terms of its impact on others and appreciate its consequences.  What is the definition of “wrong?”  What is the meaning of “mental disease or defect?”


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