LAW 604 Lecture Notes - Lecture 15: Legal Doctrine, Diminished Capacity, Paraphilia
Document Summary
Common law: admissible only for specific intent crimes. Mpc (2. 08): admissible general intent crimes, not for recklessness. Mpc 2. 08(2) merely applies this recklessness back to the earlier time to establish culpability. New jersey (estacio case): will not admit intoxication for general intent (mpc) or specific intent (cl) subject to a handful of exceptions. Evidence that they didn"t have capacity is not admissible. Evidence they didn"t have mental state because drunk but not lacking capacity is admissible. Mpc (4. 02): go with psychology and not policy. Admit for knowledge, and recklessness crimes as we as intent crimes. It is unlike intoxication in that it"s not your fault. Backlash states: limited to prevent a lot of people from getting off on general intent or recklessness crimes. Insanity: legal doctrine; not psychological or medicinal doctrine. All terms are legal terms: retrospective mental state evaluation- unlike competence to stand trial, etc. (those are all present state).
