Author Question: Explain how the M'Naughten Rule, the Irresistible Impulse Test, and the Model Penal Code have ... (Read 90 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?

Human stomach acid is strong enough to dissolve small pieces of metal such as razor blades or staples.

Did you know?

Symptoms of kidney problems include a loss of appetite, back pain (which may be sudden and intense), chills, abdominal pain, fluid retention, nausea, the urge to urinate, vomiting, and fever.

Did you know?

The liver is the only organ that has the ability to regenerate itself after certain types of damage. As much as 25% of the liver can be removed, and it will still regenerate back to its original shape and size. However, the liver cannot regenerate after severe damage caused by alcohol.

Did you know?

Critical care patients are twice as likely to receive the wrong medication. Of these errors, 20% are life-threatening, and 42% require additional life-sustaining treatments.

Did you know?

In the United States, congenital cytomegalovirus causes one child to become disabled almost every hour. CMV is the leading preventable viral cause of development disability in newborns. These disabilities include hearing or vision loss, and cerebral palsy.

For a complete list of videos, visit our video library