{"id":13502,"date":"2018-02-09T19:13:01","date_gmt":"2018-02-09T19:13:01","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13502"},"modified":"2018-02-09T19:13:01","modified_gmt":"2018-02-09T19:13:01","slug":"irresistible-impulse-test-holds-that-a-person-is-not-criminally-responsible-for-an-act-if-mental-disease-prevented-them-from-controlling-potentially-criminal-conduct","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13502","title":{"rendered":"Irresistible-Impulse Test – holds that a person is not criminally responsible for an act if mental disease prevented them from controlling potentially criminal conduct"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Types of Pleas<\/em> and Pleadings<\/em><\/a> >>>> Types of Pleas (criminal law)<\/a> >>>> Not Guilty by Reason of Insanity<\/a> >>>> Insanity<\/a>:<\/span>
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irresistible-impulse test<\/span>:<\/span>
\n<\/strong>(1892)<\/span><\/p>\n

1.<\/strong> Criminal law<\/em>. A test for insanity, holding that a person is not criminally responsible for an act if mental disease prevented that person from controlling potentially criminal conduct.\u00a0 *\u00a0 The few jurisdictions that have adopted this test have combined it with the McNaghten rules.<\/strong> \u2014 aka control test<\/strong><\/em><\/span>; volitional test<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

irresistible impulse<\/span> – A form of insanity, frequently termed \u201cimpulsive insanity,\u201d by which a person is irresistibly impelled to the commission of an act, for example, the killing of a person. 29 Am J Rev ed Ins Per \u00a7 3<\/span>. <\/strong><\/span><\/p>\n

A product of mental insanity, as distinguished from moral insanity. 21 Am J2d Crim L \u00a7 36<\/span>. <\/strong><\/span><\/p>\n

An impulse to commit an act, otherwise criminal, which one is powerless to control in consequence of a disease of the mind or brain, although he may be able to comprehend\u00a0the nature and consequences of his act and know that it is wrong. 21 Am J2d Crim L \u00a7 36<\/span>. <\/span><\/strong><\/span><\/p>\n

An impulse produced by and growing out of some mental disease affecting the volitive as distinguished from the perceptive powers, so that the person afflicted, while able to understand the nature of the consequences and to perceive that the act is wrong, is unable because of such mental disease to resist the insane <\/span>impulse to do it. Durham v United States<\/em>, 94 App DC 228, 214 F2d 862, 45 ALR2d 1430<\/span>.<\/strong><\/span><\/p>\n

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Insanity constituting a ground for divorce, where generated by a diseased mind. Willis v Willis<\/em> (Mo App) 274 SW2d 621<\/span>.<\/strong><\/span><\/p>\n

It is essential carefully to distinguish between instances of irresistible impulse and those situations where persons in the possession of their reasoning faculties are impelled by passion to the commission of acts which in their calmer moments would prove repulsive. Mutual Life Ins. Co. v Terry<\/em> (US) 15 Wall 580, 21 L Ed 236<\/span>.<\/strong> [2]<\/span><\/p>\n

1. An impulse to commit an act that one is powerless to control.\u00a0 “Irresistible impulse” is the test used in some jurisdictions to determine insanity for purposes of a criminal defense.\u00a0 The test asks “Although the defendant is able to understand the nature and consequences of her act, and to understand that it is wrong, is she unable because of mental disease to resist the impulse to do it?<\/strong> [3]<\/span><\/p>\n<\/div>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Rollin M. Perkins & Ronald N. Boyce, Criminal Law<\/em><\/a><\/span> 975 (3d ed. 1982):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe first reaction of the legal profession to the irresistible impulse defense, when it was introduced to the law many years ago, was inclined to be favorable. Then a change set in and for many years the prevailing view was strongly against its recognition. Present indications are that the tide is changing again. There seems to be a growing belief to the effect that ignoring the possibility of such a defense fails to give full recognition to the fundamental concept of mens rea.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

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References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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