Criminal Law

Insanity in Virginia

• M’Naughten + Irresistible Impulse
• Mental disease or defect, and
• Did not understand what he was doing (or)
• Did not know what he was doing was wrong (or)
• Was not able to control the impulse to act
• The myths of the insanity defense
• Getting away with crime
• Not being punished
• Being released soon
• And there are many more…

Other Criminal Defenses

• Intoxication (voluntary v. involuntary)
• Voluntary intoxication defense has been eliminated in 12 states
• Mistake/Ignorance
• Not very successful
• In many instances, a mistake or ignorance cannot be claimed and void one of liability
• Justification Defenses
• Duress
• Unlawful pressure on a person causes the person to perform an act s/he normally wouldn’t (ex: the movie Collateral)
• Self-defense
• Ability to protect oneself and property from injury by another
• Protects only acts that are reasonably necessary to protect (ex: defense of home, vehicle, prevention of a crime)
• Necessity
• “the circumstances at the time made me do it!”
• The harm prevented must be greater than the harm that you have done
• Entrapment
• Citizen has been deceived by a government agent into committing a crime (that otherwise would not have been committed

Your Rights

• Procedural safeguards
• -found in two places
• 1) Bill of Rights
• -basis of procedural safeguards
• -offers protection from the federal govt.
• -ex: rights against unreasonable searches and seizures, due process, probable cause, etc.
• 2) Due Process Clause
• -govt. decisions in prosecution should be fair
• -fair and just procedures
• -reasonable, valid, and legal