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USA · 1L · Criminal Law

Model Penal Code & Defences

Mens rea and insanity tests.

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  1. 1.MPC § 2.02 — four levels of culpability?

    Purposely, knowingly, recklessly and negligently.

    Model Penal Code § 2.02

  2. 2.The M'Naghten rule for insanity?

    The defendant, due to a disease of the mind, did not know the nature and quality of the act, or did not know that it was wrong.

    M'Naghten's Case (1843) 10 Cl & F 200

  3. 3.MPC test for insanity (§ 4.01)?

    Lacks substantial capacity either to appreciate the criminality (wrongfulness) of conduct or to conform conduct to the requirements of law, as a result of mental disease or defect.

    Model Penal Code § 4.01

  4. 4.What is the felony-murder rule?

    A killing committed during the commission or attempted commission of a (typically inherently dangerous) felony is murder, even without intent to kill.

    Common law; see e.g. MPC § 210.2 commentary

  5. 5.R v. Dudley and Stephens (1884) — held?

    Necessity is not a defence to murder (shipwrecked sailors who killed and ate the cabin boy).

    R v. Dudley and Stephens (1884) 14 QBD 273