excuses as defenses
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Excuses as Defenses. Bakersfield College Criminal Law. Criminal Law Today. Calif. Penal Code sect. 26. All persons are legally capable of committing crimes except:. Calif. Penal Code sect. 26 (cont). Children under the age of 14 years, - PowerPoint PPT PresentationTRANSCRIPT
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Criminal Law TodayBy Frank Schmalleger, PH.D
Excuses as DefensesExcuses as Defenses
Bakersfield CollegeBakersfield CollegeCriminal LawCriminal Law
Criminal Law Today
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Calif. Penal Code sect. 26Calif. Penal Code sect. 26
All persons are legally All persons are legally capable of committing capable of committing crimes except:crimes except:
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Calif. Penal Code sect. 26 (cont)Calif. Penal Code sect. 26 (cont)
Children under the age of 14 years, Children under the age of 14 years, In absence of clear proof In absence of clear proof
(“Rebuttable”) that at the time of (“Rebuttable”) that at the time of committing the act charged, they committing the act charged, they knew of its wrongfulness. knew of its wrongfulness.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Calif. Penal Code sect. 26 (cont)Calif. Penal Code sect. 26 (cont)
Idiots, Idiots, Possessing an IQ between 0 - 24Possessing an IQ between 0 - 24
Criminal Law TodayBy Frank Schmalleger, PH.D
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Calif. Penal Code sect. 26 (cont)Calif. Penal Code sect. 26 (cont)
Those who commit the act charged Those who commit the act charged or made the omission under an or made the omission under an ignorance or mistake of ignorance or mistake of factfact..
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Calif. Penal Code sect. 26 (cont)Calif. Penal Code sect. 26 (cont)
Those who commit the act without Those who commit the act without being conscious thereof. being conscious thereof.
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Calif. Penal Code sect. 26 (cont)Calif. Penal Code sect. 26 (cont)
Those who commit the act charged Those who commit the act charged or made the omission charged or made the omission charged through accident or misfortune. through accident or misfortune.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Calif. Penal Code sect. 26 (cont)Calif. Penal Code sect. 26 (cont)
Those (except for crimes punishable Those (except for crimes punishable by death) who commit the act or by death) who commit the act or made the omission charged made the omission charged under under threats or menaces to show they had threats or menaces to show they had reasonable cause to believe their reasonable cause to believe their lives would be in danger if they lives would be in danger if they refusedrefused. . “Duress” (more to follow) “Duress” (more to follow)
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Calif. Penal Code sect. 26Calif. Penal Code sect. 26
PC 26 does not “apply” to the police. PC 26 does not “apply” to the police. Police may still detain and / or arrest. Police may still detain and / or arrest.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Calif. Penal Code sect. 26 Calif. Penal Code sect. 26 ExamplesExamples
A retarded person who has a low IQ A retarded person who has a low IQ who is charged with financial who is charged with financial embezzlement.embezzlement.
A person who insists that she was A person who insists that she was unconscious (be it asleep, intoxicated unconscious (be it asleep, intoxicated or due to an injury) at the time her or due to an injury) at the time her accomplice committed a crime.accomplice committed a crime.
A person who held open a paper bag A person who held open a paper bag for a teller to put money in it while at for a teller to put money in it while at gun point by a kidnapper.gun point by a kidnapper.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
The Nature of ExcusesThe Nature of Excuses
Excuses are a category of legal defense in Excuses are a category of legal defense in which the defendant claims that some which the defendant claims that some personal condition or circumstance at the personal condition or circumstance at the time of the act was such that he or she time of the act was such that he or she should not be held accountable under the law should not be held accountable under the law
Excuses admit that the actions committed Excuses admit that the actions committed were wrong were wrong
But the actor should not be held criminally But the actor should not be held criminally liable or worthy of blame due to special liable or worthy of blame due to special circumstances circumstances
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DuressDuress
Also known as compulsionAlso known as compulsion A condition under which one is forced A condition under which one is forced
to act against one’s willto act against one’s will In his situation, he was unable to resistIn his situation, he was unable to resist ExampleExample
A mother who robs a bank when her A mother who robs a bank when her daughter has been kidnapped and daughter has been kidnapped and threatened unless the mother performs threatened unless the mother performs the actthe act
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Duress DiscussedDuress Discussed
Must be based on a showing that the Must be based on a showing that the defendant feared for his or her life or defendant feared for his or her life or was in danger of great bodily harmwas in danger of great bodily harm
Defendant was acting so as to Defendant was acting so as to prevent the death or bodily harm of prevent the death or bodily harm of anotheranother
The threat must have been The threat must have been immediate, clear, and inescapable, immediate, clear, and inescapable, and must not have arisen from some and must not have arisen from some illegal or immoral activity illegal or immoral activity
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Generally, DuressGenerally, Duress
Duress is a defense only when the Duress is a defense only when the crime committed is less serious than crime committed is less serious than the harm avoided. the harm avoided.
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PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
IntoxicationIntoxication
Rarely an acceptable defense to a Rarely an acceptable defense to a criminal chargecriminal charge
Because intoxication is normally Because intoxication is normally voluntaryvoluntary, it is not a “perfect , it is not a “perfect defense” in most jurisdictionsdefense” in most jurisdictions
The essence of any defense based on The essence of any defense based on intoxication can be found in the intoxication can be found in the effect that intoxication has on effect that intoxication has on mens mens rearea
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Voluntary IntoxicationVoluntary Intoxication
Willful intoxicationWillful intoxication Intoxication that is the result of Intoxication that is the result of
personal choicepersonal choice Includes the voluntary ingestion, Includes the voluntary ingestion,
injection, or taking by any other injection, or taking by any other means of any intoxicating liquor, means of any intoxicating liquor, drug, or other substancedrug, or other substance
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Involuntary IntoxicationInvoluntary Intoxication Intoxication that is not willfulIntoxication that is not willful Unknowing ingestion of an intoxicating Unknowing ingestion of an intoxicating
substancesubstance AlcoholAlcohol Drug-laced food or drinkDrug-laced food or drink
May serve as a defenseMay serve as a defense Must create an incapacity to appreciate the Must create an incapacity to appreciate the
criminality of his actscriminality of his acts
OROR Creates an incapacity to conform his behavior to Creates an incapacity to conform his behavior to
the requirements of the lawthe requirements of the law
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Mistake of factMistake of fact
Misinterpretation, misunderstanding, Misinterpretation, misunderstanding, or forgetfulness of a fact relating to or forgetfulness of a fact relating to the subject matter at handthe subject matter at hand
Belief in the existence of a thing or Belief in the existence of a thing or condition that does not existcondition that does not exist
An honest mistakeAn honest mistake Generally precludes the actor from Generally precludes the actor from
criminal liability criminal liability
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Ignorance of FactIgnorance of Fact Lack of knowledge of some fact relating to Lack of knowledge of some fact relating to
the subject matter at handthe subject matter at hand Refers to Refers to
Misinterpretations of the factsMisinterpretations of the facts Misunderstandings of the factsMisunderstandings of the facts
Can be a defense to a criminal chargeCan be a defense to a criminal charge Will not be a defense if a crime was Will not be a defense if a crime was
intended (a burglar breaking into the wrong intended (a burglar breaking into the wrong house)house)
May negate the May negate the mens reamens rea required for a required for a specific offensespecific offense
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Mistakes and Ignorance…Mistakes and Ignorance… Mistake of lawMistake of law
A misunderstanding or misinterpretation of the A misunderstanding or misinterpretation of the law relevant to a situation at handlaw relevant to a situation at hand
Not an acceptable defenseNot an acceptable defense Ignorance of the lawIgnorance of the law
A lack of knowledge of the law or of the A lack of knowledge of the law or of the existence of a law relevant to the situation at existence of a law relevant to the situation at handhand
Not an acceptable defenseNot an acceptable defense Culpable ignorance Culpable ignorance
The failure to exercise ordinary care to acquire The failure to exercise ordinary care to acquire knowledge of the lawknowledge of the law
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AgeAge
Also called immaturity defense Also called immaturity defense Claims certain individuals should not Claims certain individuals should not
be held criminally responsible be held criminally responsible because of youthbecause of youth
Also calledAlso called InfancyInfancy Immaturity defensesImmaturity defenses
Criminal Law TodayBy Frank Schmalleger, PH.D
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Age Defenses ExplainedAge Defenses Explained
Children under the age of seven are Children under the age of seven are incapable of rational thought and incapable of rational thought and planned actionplanned action Unable to form Unable to form mens reamens rea They are too youngThey are too young
“…“…to know any better”to know any better” “…“…to make a conscious, moral choice to make a conscious, moral choice
between doing good and doing evil”between doing good and doing evil”
Criminal Law TodayBy Frank Schmalleger, PH.D
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Juvenile OffenderJuvenile Offender
A child who A child who Violates the criminal lawViolates the criminal law Commits a “status offense”Commits a “status offense”
A child subject to juvenile court A child subject to juvenile court proceedings because a statutorily defined proceedings because a statutorily defined event caused by the person was alleged to event caused by the person was alleged to have occurred while he or she was under have occurred while he or she was under 18 (or the jurisdiction’s specified age) 18 (or the jurisdiction’s specified age) “Best Interest of the Juvenile”“Best Interest of the Juvenile”
May be waived or transferred to adult courtMay be waived or transferred to adult court
Criminal Law TodayBy Frank Schmalleger, PH.D
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Entrapment (Calif. Law)Entrapment (Calif. Law)
An Affirmative Defense used where an An Affirmative Defense used where an officer induced another to commit the officer induced another to commit the crime.crime.
Where the officer puts the unlawful design Where the officer puts the unlawful design or intent into the mind of the accused.or intent into the mind of the accused.
Where the police merely provide an Where the police merely provide an opportunityopportunity for the accused to commit the for the accused to commit the crime, no entrapment!crime, no entrapment!
May be committed by a private person May be committed by a private person acting at the direction of the police. acting at the direction of the police. (“Agent”) (“Agent”)
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Entrapment Entrapment
An improper or illegal inducement to crime An improper or illegal inducement to crime by police “or their agents.”by police “or their agents.”
A defense that may be raised when such A defense that may be raised when such improper inducements are allegedimproper inducements are alleged
No crime would occur if not for No crime would occur if not for government instigation.government instigation.
The two most common illegal inducementsThe two most common illegal inducements False representation by police that the False representation by police that the
unlawful behavior is not prohibitedunlawful behavior is not prohibited The inducements are so strong that a person of The inducements are so strong that a person of
average will and good intent cannot resistaverage will and good intent cannot resist
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Entrapment ExplainedEntrapment Explained
Not an effective defense whenNot an effective defense when The government merely provided an The government merely provided an
opportunity or facilities for the opportunity or facilities for the commission of the crimecommission of the crime
The police only engaged in the “mere The police only engaged in the “mere fact of deceit” (“Ruse”) fact of deceit” (“Ruse”)
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Two Different Tests for EntrapmentTwo Different Tests for Entrapment Subjective approach – was the subject Subjective approach – was the subject
predisposedpredisposed to commit the crime? to commit the crime? Were there prior convictions for similar crimesWere there prior convictions for similar crimes Reputation for committing similar crimesReputation for committing similar crimes Readiness to engage in a crime suggested by Readiness to engage in a crime suggested by
the policethe police Most states use this testMost states use this test
Objective approach – was the police action Objective approach – was the police action in the case considered “outrageous in the case considered “outrageous government conduct”?government conduct”? (12 states use this test)(12 states use this test)
Criminal Law TodayBy Frank Schmalleger, PH.D
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SyndromesSyndromes A syndrome is a complex of signs A syndrome is a complex of signs
and symptoms presenting a clinical and symptoms presenting a clinical picture of a disease or disorderpicture of a disease or disorder
Some defense syndrome strategies Some defense syndrome strategies includeinclude BWS – Battered woman’s syndromeBWS – Battered woman’s syndrome Battered child’s syndromeBattered child’s syndrome Rape Trauma / Sexual Abuse syndromeRape Trauma / Sexual Abuse syndrome PMS syndromePMS syndrome PTS syndrome PTS syndrome Urban survival syndrome Urban survival syndrome
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Battered Woman’s SyndromeBattered Woman’s Syndrome
The best known of the syndromes The best known of the syndromes A condition characterized by a history of A condition characterized by a history of
repetitive domestic abuse and learned repetitive domestic abuse and learned helplessnesshelplessness
The subjective inability to leave an The subjective inability to leave an abusive situationabusive situation
May provide additional justification for a May provide additional justification for a woman who kills during an episode of woman who kills during an episode of beating––when the threat of death or great beating––when the threat of death or great bodily harm is imminent bodily harm is imminent
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Criminal Law TodayBy Frank Schmalleger, PH.D
Defense of InsanityDefense of Insanity
Criminal Law Criminal Law
Criminal Law TodayBy Frank Schmalleger, PH.D
Criminal Law TodayBy Frank Schmalleger, PH.D
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Competency to Stand TrialCompetency to Stand Trial
A finding by a courtA finding by a court When a defendant’s mental When a defendant’s mental
competency to stand trial is at issuecompetency to stand trial is at issue The defendant has sufficient present The defendant has sufficient present
ability to consult with his lawyer with a ability to consult with his lawyer with a reasonable degree of rational reasonable degree of rational understanding understanding
He has a rational as well as factual He has a rational as well as factual understanding of the proceeding against understanding of the proceeding against himhim
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Competency to Stand TrialCompetency to Stand TrialExplainedExplained
Competency to stand trial focuses on the Competency to stand trial focuses on the defendant's condition at the time of trial defendant's condition at the time of trial
Competency is not conditional on the Competency is not conditional on the defendant’s state at the time when the defendant’s state at the time when the crime occurredcrime occurred
The federal test to determine competency:The federal test to determine competency: Sufficient present ability to consult with his Sufficient present ability to consult with his
lawyer with a reasonable degree of rational lawyer with a reasonable degree of rational understandingunderstanding
Whether he has a relational as well as factual Whether he has a relational as well as factual understanding of the proceedings against himunderstanding of the proceedings against him
Once sanity has been recovered, the Once sanity has been recovered, the defendant may be brought to trial defendant may be brought to trial
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Incompetent to Stand TrialIncompetent to Stand Trial
A finding by a courtA finding by a court As a result of a mental illness, defect, As a result of a mental illness, defect,
or disabilityor disability A defendant is unable to understand A defendant is unable to understand
the nature and object of the the nature and object of the proceeding against him or to assist in proceeding against him or to assist in the preparation of this own defensethe preparation of this own defense
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
When Competency Cannot be When Competency Cannot be Restored, the Court May…Restored, the Court May…
Remand the defendant to the custody of Remand the defendant to the custody of the department of health services for the department of health services for the institution of civil commitment the institution of civil commitment proceedingsproceedings
Appoint a guardianAppoint a guardian Release the defendant from custody Release the defendant from custody
and dismiss the charges against the and dismiss the charges against the defendant defendant
Criminal Law TodayBy Frank Schmalleger, PH.D
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Purpose of the Insanity DefensePurpose of the Insanity Defense
The need to determine whether a The need to determine whether a criminal defendant was insane at the criminal defendant was insane at the time the crime was committedtime the crime was committed
In our court system, moral blame In our court system, moral blame cannot attach where an act was not cannot attach where an act was not the result of a free choicethe result of a free choice
Criminal Law TodayBy Frank Schmalleger, PH.D
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Insanity Insanity
Insanity can influence criminal liability in two Insanity can influence criminal liability in two ways:ways: It may result in a finding that the It may result in a finding that the mens reamens rea
required for a specific crime was lacking, leading required for a specific crime was lacking, leading the court to conclude that no crime occurredthe court to conclude that no crime occurred
It may lead to a showing that although the It may lead to a showing that although the requisite requisite mens reamens rea was present at the time of the was present at the time of the crime, the defendant should be excused from legal crime, the defendant should be excused from legal responsibility because of mental disease or defectresponsibility because of mental disease or defect
Criminal Law TodayBy Frank Schmalleger, PH.D
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Mental CapacityMental Capacity
Insanity:Insanity: M’naughten RuleM’naughten Rule Irresistible ImpulseIrresistible Impulse Durham TestDurham Test Substantial Capacity Test (Model Penal Substantial Capacity Test (Model Penal
Code)Code) Diminished CapacityDiminished Capacity
Prop. 8 Calif. Eliminated “Diminished
Capacity” Defense
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PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
M’Naghten RuleM’Naghten Rule
At the time the act was committed:At the time the act was committed: Defendant was suffering from a Defendant was suffering from a
defect of reason from a disease of defect of reason from a disease of the mind.the mind.
Defendant did not know:Defendant did not know:- nature/quality of his act;- nature/quality of his act;- that the act was wrong- that the act was wrong
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Irresistible ImpulseIrresistible Impulse Defendant, while not insane, and Defendant, while not insane, and
having an understanding of the having an understanding of the nature and quality of his act.nature and quality of his act.
Could not control his behavior.Could not control his behavior.
Calif. Law Does not recognize Irresistible
Impulse.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Substantial Capacity TestSubstantial Capacity Test A person is not criminally A person is not criminally
responsible if, at the time of the responsible if, at the time of the conduct, the person lacked the conduct, the person lacked the substantial capacity to:substantial capacity to:
Appreciate the criminality of her Appreciate the criminality of her conduct or conform to the conduct or conform to the requirements of the law,requirements of the law,
Due to mental disease or defect.Due to mental disease or defect. Note: Substantial Capacity TestIs the adopted test by the
Model Penal Code.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Diminished CapacityDiminished Capacity A defendant who is not legally insane A defendant who is not legally insane
may be suffering from mental disease may be suffering from mental disease or defect which affects the ability to or defect which affects the ability to possess the required mental state.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.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Defendant’s BurdenDefendant’s Burden
Defendant has the burden:Defendant has the burden: Of productionOf production Of persuasionOf persuasion Must prove by a “preponderance of the Must prove by a “preponderance of the
evidence”evidence”
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PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Defendant Must PleadDefendant 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.
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Guilty but Mentally Ill (GBMI)Guilty but Mentally Ill (GBMI)
All states patterned their laws after a All states patterned their laws after a 1975 Michigan statute the created 1975 Michigan statute the created GBMIGBMI
Under GBMI statutes, when insanity Under GBMI statutes, when insanity defenses are raised at trial, four defenses are raised at trial, four verdicts are possible verdicts are possible GuiltyGuilty Not GuiltyNot Guilty Not guilty by reason of insanityNot guilty by reason of insanity Guilty but mentally illGuilty but mentally ill
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PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
GBMI ExplainedGBMI Explained A GBMI verdict must be returned ifA GBMI verdict must be returned if
Every element necessary for a conviction has been proven Every element necessary for a conviction has been proven beyond a reasonable doubtbeyond a reasonable doubt
The defendant is found to have been The defendant is found to have been mentally illmentally ill at the at the time of the crimetime of the crime
The defendant was The defendant was notnot found to have been legally insane found to have been legally insane at the time the crime was committedat the time the crime was committed
A finding of GBMI is equivalent to a finding of guiltyA finding of GBMI is equivalent to a finding of guilty The court will sentence the defendant just as a person The court will sentence the defendant just as a person
found guilty of the crime would befound guilty of the crime would be This verdict establishes that the defendant, although This verdict establishes that the defendant, although
mentally ill, was sufficiently in possession of this faculties mentally ill, was sufficiently in possession of this faculties to be morally blameworthy for his actsto be morally blameworthy for his acts
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The Doctrine of Settled InsanityThe Doctrine of Settled Insanity The habitual and long-term use of The habitual and long-term use of
intoxicants or other drugs that results in intoxicants or other drugs that results in permanent mental disorders “that are permanent mental disorders “that are symptomatically and organically similar to symptomatically and organically similar to mental disorders caused by brain disease” mental disorders caused by brain disease” can create the basis for a claim of insanitycan create the basis for a claim of insanity Provided that the defendant can meet the Provided that the defendant can meet the
required definition of insanityrequired definition of insanity The nearly unanimous rule is that a mental The nearly unanimous rule is that a mental
or brain disease or defect caused by the or brain disease or defect caused by the long-term effects of intoxicants constitutes long-term effects of intoxicants constitutes a mental state that warrants an insanity a mental state that warrants an insanity defensedefense
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
How Widely Used Is the Insanity How Widely Used Is the Insanity Defense?Defense?
It is not widely usedIt is not widely used One study by the NIMH reported thatOne study by the NIMH reported that
Less than 1 percent of the cases that Less than 1 percent of the cases that come to court claimed insanity defenses come to court claimed insanity defenses
Only 26 percent of all insanity pleas Only 26 percent of all insanity pleas were argued successfullywere argued successfully
90 percent of those who employed the 90 percent of those who employed the defense had been previously diagnosed defense had been previously diagnosed with a mental illnesswith a mental illness
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PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
How Widely Used Is the Insanity How Widely Used Is the Insanity Defense? Defense? (Continued)(Continued)
Other studies reported similar Other studies reported similar findingsfindings Only 52 of 32,000 cases involved Only 52 of 32,000 cases involved
insanity defenses and only 15 were insanity defenses and only 15 were successfulsuccessful
In NYC, an insanity plea is entered in In NYC, an insanity plea is entered in only 1 for every 600 or 700 casesonly 1 for every 600 or 700 cases
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Consequences Consequences of an Insanity Findingof an Insanity Finding
Few are immediately releasedFew are immediately released Nondangerous defendants may not by law Nondangerous defendants may not by law
be kept longer than necessary to assess be kept longer than necessary to assess their conditiontheir condition
Must are subject to a hearing to determineMust are subject to a hearing to determine Whether or not they are still mentally ill and Whether or not they are still mentally ill and
dangerous to themselves or othersdangerous to themselves or others Whether or not confinement in a treatment Whether or not confinement in a treatment
facility is justifiedfacility is justified Most are confined and held at least as long Most are confined and held at least as long
as persons found guilty and sent to prisonas persons found guilty and sent to prison
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Abolishing the Insanity DefenseAbolishing the Insanity Defense
It is difficult to assess insanity from a legal It is difficult to assess insanity from a legal perspective so some advocate a strict perspective so some advocate a strict mens reamens rea approach to insanity approach to insanity
A A mens reamens rea approach would virtually approach would virtually eliminate the insanity defense and would eliminate the insanity defense and would replace it with a test that would assess the replace it with a test that would assess the presence or absence of the culpable presence or absence of the culpable mental statemental state
Three states have moved in this direction: Three states have moved in this direction: Montana, Utah and IdahoMontana, Utah and Idaho
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Discussion QuestionsDiscussion Questions
What is the difference between a justification What is the difference between a justification and an excuse?and an excuse?
Explain the defense of duressExplain the defense of duress Why is voluntary intoxication usually not Why is voluntary intoxication usually not
accepted as a defense to criminal liability?accepted as a defense to criminal liability? At what age should a person be criminally At what age should a person be criminally
liable?liable? Should entrapment exist as a defense? Why?Should entrapment exist as a defense? Why? Do you believe that sDo you believe that syndrome-based defense yndrome-based defense
enhancements enhancements should exist?should exist?
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Discussion QuestionsDiscussion Questions
How does the insanity defense work?How does the insanity defense work? Should the insanity defense be Should the insanity defense be
abolished?abolished? How is insanity and How is insanity and mens reamens rea
related?related? Explain the followingExplain the following
NGRINGRI GBMI GBMI
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Do Do youyou have any questions? have any questions?