INSANITY DEFENSE

1)Defendant was laboring under such a defect of reason, arising from a disease of the mind, that he:

• A) did not know the nature and quality of the act that he was doing; OR
• B) If he did know it, he did not know that what he was doing was wrong.

• 1) defendant acted from an "irresistible and uncontrollable impulse"
• 2) was unable to choose between the right and wrong behavior
• 3) his will was destroyed such that his actions were beyond his control
• 4) would have acted even if a policeman were beside him

• 1) lacked substantial capacity to:
• 2) appreciate the "criminality of his conduct; OR
• 3) to conform his conduct to the requirements of the law.

Insane if: at time of crime defendant was unable to appreciate:

• A) the nature and quality of his conduct; OR
• B) the wrongfulness of his conduct. This test

Federal Test

Irresistable Element Test

MPC Test

M'Naghten

M’Naghten Test – (Requires complete cognitive disability)




"Irresistible Impulse" Test – (Severe Volitional Impairment)




Model Penal Code Test – (Does not require total mental incapacity)




Federal Test – (requires complete cognitive incapacity.)