Author Question: Explain how the M'Naughten Rule, the Irresistible Impulse Test, and the Model Penal Code have ... (Read 68 times)

j.rubin

  • Hero Member
  • *****
  • Posts: 557
Explain how the M'Naughten Rule, the Irresistible Impulse Test, and the Model Penal Code have expanded the concepts of an insanity test.
 
  What will be an ideal response?

Question 2

Under what circumstances may a person who is diagnosed with a syndrome may not be liable for a criminal act?
 
  What will be an ideal response?



deja

  • Sr. Member
  • ****
  • Posts: 332
Answer to Question 1

Answer: The following must be in the answer:
a. The M'Naughten Rule states that the defendant was suffering from mental disease that caused the defendant to not know the nature and quality of the act or that the act was wrong.
b. The Irresistible Impulse Test expanded the M'Naughten Rule to cover individuals who knew their acts were wrong but could not control their behavior because of disease of the mind.
c. The Model Penal Code incorporated both the M'Naughten Rule and the Irresistible Impulse Test and expanded then by broadening them to include individuals with substantial impairment and individuals who appreciated (as opposed to knew) that their actions were wrong.

Answer to Question 2

Answer: The following must be in the answer:
a. If it can be demonstrated that a person charged with a crime was suffering from a known syndrome at the time that the crime was committed, it may lower or eliminate criminal liability in at least three ways:
i. It may help to support the applicability of a traditional defense.
ii. It may expand the applicability of traditional defense to novel or unusual situations or to situations that such defenses may not otherwise apply.
iii. It may negate the mens rea needed to prove the offense.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

More than 20 million Americans cite use of marijuana within the past 30 days, according to the National Survey on Drug Use and Health (NSDUH). More than 8 million admit to using it almost every day.

Did you know?

The Centers for Disease Control and Prevention has released reports detailing the deaths of infants (younger than 1 year of age) who died after being given cold and cough medications. This underscores the importance of educating parents that children younger than 2 years of age should never be given over-the-counter cold and cough medications without consulting their physicians.

Did you know?

Over time, chronic hepatitis B virus and hepatitis C virus infections can progress to advanced liver disease, liver failure, and hepatocellular carcinoma. Unlike other forms, more than 80% of hepatitis C infections become chronic and lead to liver disease. When combined with hepatitis B, hepatitis C now accounts for 75% percent of all cases of liver disease around the world. Liver failure caused by hepatitis C is now leading cause of liver transplants in the United States.

Did you know?

The people with the highest levels of LDL are Mexican American males and non-Hispanic black females.

Did you know?

Your heart beats over 36 million times a year.

For a complete list of videos, visit our video library