Remember that defenses based on excuse focus on the defendant and claim that the defendant should be excused from criminal responsibility for his or her conduct under the circumstances.Īlthough controversial, most states and the federal government recognize an insanity defense (18 U.S.C., 2010). This chapter reviews criminal defenses based on excuse, including the insanity defense. With the exception of alibi and the expiration of the statute of limitations, Chapter 5 “Criminal Defenses, Part 1” explored criminal defenses based on justification. Distinguish temporary from permanent insanity.Compare different commitment procedures for an insane criminal defendant.Compare the insanity defense with the guilty but mentally ill verdict.Compare the insanity defense with mental competence to stand trial.Distinguish between diminished capacity and the insanity defense.Identify the various burdens of proof for the insanity defense.Ascertain the basis of the Durham insanity defense.Compare the M’Naghten, irresistible impulse, and substantial capacity tests.Ascertain the two elements required for the irresistible impulse insanity defense.Ascertain the two elements required for the M’Naghten insanity defense.Identify four versions of the insanity defense.Identify four states that do not recognize an insanity defense.
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