CCJS 230 Study Guide - Midterm Guide: Insanity Defense, Irresistible Impulse
23 Dec 2016
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Irresistible impulse- due to a mental disease or defect, they can"t control their actions, will power, impulses. Product of a mental illness- if a criminal act is the product of a mental illness, the defendant is not criminally responsible. New hampshire the only state that uses that life. Model penal code test (p. 268)- model, states can accept it in full or part. M"naghten also known as the right and wrong test. Offense of duress elements (4: nature of the threat, some require death threats some serious bodily injury, there has to be immediate threat, imminent harm, duress offenses do not apply to murder, level of belief. There has to be a reasonable belief the threat is real. Test focuses on the suspect"s predisposition to commit the crime. Or, if the government"s action motivated the offender to commit the crime. The defendant"s display of expertise in the crime. The defendant has prior convictions for similar offenses.
