Criminal Law

Ch 6

• understand that defendants who plead an excuse defense admit what they did was wrong but claim that, under the circumstances, they were not responsible for their actions.
• Appreciate the long history of the insanity defense, and know the popular myths and empirical realities surrounding the insanity defense.
• Understand the difference between insanity and competency when proving the affirmative defense of insanity.
• Know the four different tests of insanity and which elements of mental capacity, reason, and/or will form the basis of each test.
• Understand the difference between diminished capacity and diminished responsibility and appreciate how they apply only to homicide.
• Understand how the law handles the excuse of age and that juvenile court judges can use their discretion to transfer a juvenile to adult criminal court.
• Know the four elements of duress and appreciate the problem with blaming people who are forced to commit crimes.
• Understand that voluntary intoxication is no excuse for committing a crime but involuntary intoxication is.
• Understand that entrapment is used in all societies even though it violates a basic purpose of government in free societies: to prevent crime rather than encourage it.
• Understand why, despite their criticisms, syndrome excuses are, and should be, taken seriously.