Multistate Bar Examination Practice Question

Which of the following best describes the standard under the MPC for determining whether a defendant may raise a mental disorder as an affirmative defense?

  • The defendant’s impaired judgment due to a mental condition excuses criminal liability.

  • The defendant lacked substantial capacity to appreciate the wrongfulness of their actions or to conform their actions to the requirements of the law.

  • A mental disorder is a proper defense if it diminished the defendant’s ability to recall the events of the crime.

  • The defendant was unable to distinguish between right and wrong at the time of the offense.

Multistate Bar Examination
Criminal Law and Procedure
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