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Insanity Defense Formulations for the bar

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Uploaded by on Jul 6, 2011

Insanity Defense Formulations
"How do you know that D's crazy?"
to the tune of "That's How You Know" from Enchanted
(tried to do with background music this time)

How do you know that D's crazy?
How do you know that D's crazy?
How do you know that D's really, really, truly crazy?

M'NAGHTEN RULE: Disease of mind causes a defect
Such that the defendant lacked ability
To either (1) know the wrongfulness of his actions, or
(2) understand their nature and quality

Under the IRRESISTABLE IMPULSE test:
D's unable to control his actions or conform his conduct to the law (aw-aw-aw)

DURHAM (sometimes called "New Hampshire")
D gets aquitted if "crime was product of a mental disease or defect"

Under the MPC (Model Penal Code) or ALI (American Law Institute) Test
D's acquitted if (1) he lacked substantial capacity to appreciate the criminality of his conduct
Or (2) conform his conduct to the requirements of the law.

Good luck on the bar!

Category:

Education

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  • yayy i like this one!!!

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