This page is continued from Criminal Law Self-Help >>>> Types of Pleas and Pleadings >>>> Types of Pleas (criminal law) >>>> Not Guilty by Reason of Insanity >>>> Insanity:
*********************
substantial-capacity test:
(1968)
1. Criminal law. The Model Penal Code’s test for the insanity defense, stating that a person is not criminally responsible for an act if, as a result of a mental disease or defect, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the law. * This test combines elements of both the McNaghten rules and the irresistible-impulse test by allowing consideration of both volitional and cognitive weaknesses. This test was formerly used by the federal courts and many states, but since 1984 many jurisdictions (including the federal courts) ‘in response to the acquittal by reason of insanity of would-be presidential assassin John Hinckley have narrowed the insanity defense and adopted a new test resembling the McNaghten rules, although portions of the substantial-capacity test continue to be used. Model Penal Code § 4.01. — aka Model Penal Code test; MPC test; American Law Institute test; ALI test. [1]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
*******************************
Back to Types of Pleas (criminal law)
Back to Types of Pleas and Pleadings
Back to Criminal Law Self-Help
Like this website?
or donate via PayPal:
Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!
This website is being broadcast for First Amendment purposes courtesy of
Question(s)? Suggestion(s)?
[email protected].
We look forward to hearing from you!