Criminal Law Bar Prep: Class Session 6: Defenses to Criminal Liability

The Insanity Defense: M'Naghten, Irresistible Impulse, Durham.

The insanity defense is a complex and controversial area of criminal law. It asserts that the defendant should not be held criminally responsible for their actions due to a mental illness or defect at the time of the offense. Let's explore some of the prominent insanity defenses:

M'Naghten Rule: Under the M'Naghten rule, a defendant may be found not guilty by reason of insanity if they were unable to understand the nature and quality of their actions or if they did not know that their actions were wrong due to a mental disorder.

Irresistible Impulse: This defense focuses on the defendant's inability to control their actions as a result of a mental disorder, even if they understood that their actions were wrong. It emphasizes the concept of volitional impairment.

Durham Rule: The Durham rule, also known as the "product" test, states that a defendant is not criminally responsible if their unlawful act was the product of their mental illness. This rule provides a broader scope for the insanity defense.

The application and acceptance of these defenses can vary widely by jurisdiction, and legal standards continue to evolve.

Self-Defense and Defense of Others.

Self-defense and defense of others are affirmative defenses that allow a person to use force, including deadly force, to protect themselves or someone else from imminent harm. These defenses are rooted in the principle of necessity and the right to protect one's life or the lives of others. Key elements include:

Imminence: The threat must be immediate, and the use of force must be necessary to counteract the threat.

Proportionality: The level of force used must be reasonable and proportionate to the threat. Deadly force is generally only justified when facing a threat of death or serious bodily harm.

Reasonable Belief: The defender must have a reasonable belief that the use of force is necessary to protect against the threat.

Case Study: State v Thompson - Analyzing Self-Defense Claim.

To better understand these concepts, let's examine State v Thompson. In this case, the defendant is charged with assault after using force against an aggressor who threatened to harm them. The defendant claims self-defense.

In this scenario, we must evaluate whether the defendant's actions meet the criteria for self-defense. Was the threat imminent? Was the level of force used reasonable and proportionate to the threat? Did the defendant genuinely believe their actions were necessary to protect themselves?

This case study illustrates how self-defense claims are assessed in real-world legal scenarios.

Now for our first question: Can the insanity defense result in the defendant's release, or is it more likely to lead to commitment to a mental institution?

The outcome of an insanity defense can vary significantly based on the jurisdiction and the specific case. In some instances, a successful insanity defense may result in the defendant being committed to a mental institution for treatment and evaluation rather than being incarcerated in a traditional prison. The goal is to provide treatment and address the underlying mental health issues. However, the length of commitment and the specific conditions can vary, and some individuals may eventually be released if they are deemed no longer a danger to themselves or others.

Now our second question: Can you use self-defense if you were the initial aggressor in a confrontation?

Generally, the right to claim self-defense is limited if you were the initial aggressor in a confrontation. In many jurisdictions, if you start a physical altercation, you may lose the right to use force in self-defense unless you withdraw from the confrontation and communicate your intention to cease the aggression. The law typically encourages de-escalation and discourages individuals from provoking violence and then claiming self-defense.

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