Whether or not at the time of the offense the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, or the affects of intoxication.... Habeas Corpus Legislation: Hearings Before the Subcommittee on Courts ... - Page 356by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice - 1991 - 1050 pagesFull view - About this book
| Abraham S. Goldstein - 1967 - 304 pages
...the test of criminal responsibility. He is to give his "opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality...conform his conduct to the requirements of law was impaired at the time of the criminal conduct charged."14 The reason, undoubtedly, is that the draftsmen... | |
| United States. Congress. Senate. Committee on the Judiciary - 1973 - 342 pages
...The defendant acted under extreme duress or under the substantial domination of another person; (f) The capacity of the defendant to appreciate the criminality...the requirements of law was substantially impaired; Section 10. It is declared to be the legislative intent tlmt if any section, subsection, paragraph,... | |
| United States. Congress. Senate. Committee on the Judiciary - 1981 - 830 pages
...defendant acted under extreme duress or under the substantial domination of another person. * "(f) The capacity of the defendant to appreciate the criminality...the requirements of law was substantially impaired. "(g) The age of the defendant at the time of the crime." Ibid., ch. 921, sec. 921.141. 8. "(1) The... | |
| United States. Supreme Court - 1990 - 1088 pages
...participation in the crime was relatively minor; that the defendant acted under duress or domination; that the capacity of the defendant to appreciate the criminality of his conduct or to conform that conduct to the requirements of law was substantially impaired; and the age of the defendant at... | |
| Kent S. Miller, Michael L. Radelet - 1993 - 220 pages
...defendant acted under extreme duress or under the substantial domination of another person"; and (c) "The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. " The defense is also permitted... | |
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