Criminal Law

Other Elements

• Not required but can be used
• Can be very helpful
• -attendant circumstances
• Ex: using a handgun in a robbery will make the charge of robbery become a charge of armed robbery
• -the harm done (result of the act)
• Ex1: how much was stolen in the burglary?
• Ex2: what happened to the victim? Death? Only a bruise?

Criminal Defenses

• Insanity
• -defense for criminal liability
• Asserts a lack of criminal responsibility
• Person cannot have state of mind to commit a crime that he/she did not know was wrong at the time
• Ways to measure:
• M’Naughten Rule (used by 16 states)
• New Hampshire (Durham) Rule (used in several other areas)
• Virginia uses both tests
• Montana, Idaho, Utah – no insanity defense
• New Hampshire – no standard form to determine mental illness