Exemptions to Criminal Liability

Exemptions to Criminal Liability

Infancy

• Legal rebuttable presumption - Children under 14 years old are incapable of committing crimes.

• Presumption may be overcome by “clear and convincing evidence” that child knew wrongfulness.

• Children under 7 years old cannot commit crimes.

Mental Capacity

• Insanity:

• M’naughten Rule
• Irresistible Impulse
• Durham Test
• Substantial Capacity Test (Model Penal Code)
• Diminished Capacity

M’Naghten Rule

• At the time the act was committed:

• Defendant was suffering from a defect of reason from a disease of the mind.

• Defendant did not know: - nature/quality of his act; - that the act was wrong

Irresistible Impulse

• Defendant, while not insane, and having an understanding of the nature and quality of his act.

• Could not control his behavior.

Substantial Capacity Test

• A person is not criminally responsible if, at the time of the conduct, the person lacked the substantial capacity to:

• Appreciate the criminality of her conduct or conform to the requirements of the law,

• Due to mental disease or defect.

Diminished Capacity

• A defendant who is not legally insane may be suffering from mental disease or defect which affects the ability to possess the required mental state.

• Defense to specific intent crimes.

• Admissible at the time of sentencing.

Defendant’s Burden

• Defendant has the burden:

• Of production
• Of persuasion
• Must prove by a “preponderance of the evidence”

Defendant Must Plead

• Not Guilty by reason of insanity.

• Tried on the issue of sanity.

• If found sane = convicted.