Author Question: Explain how the M'Naughten Rule, the Irresistible Impulse Test, and the Model Penal Code have ... (Read 84 times)

j.rubin

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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

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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.



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