JUST 550 Lecture Notes - Lecture 6: Diminished Capacity, Suspended Sentence, Dependent Personality Disorder
Document Summary
The physical conduct associated with a crime; the action. Cases in which the defense argues that the offender is not criminally responsible because. Most black and white mso defense all or nothing their mens rea was completely altered by mental disease or defect. No conscious control = not responsible for actions. Rare defense, not too many conditions fall under automatism: Head injury than reacting after injury. No argument over actus rea; some mens rea. Mens rea somewhat affected by mental illness. Less concern for dsm diagnosis affected my mental illness/mental defect. Should have known better, but targeted and taken advantage of. Dan white charged with murder of harvey milk and one other individual. Milk was first openly gay elected official. White and milk often argued, political adversaries. White shot milk and other official in their office. White would not have shot him if his mental state was healthy.