Exercise o Bria is asserting the insanity defense in her criminal prosecution for murder. In Bria's state, defendants have the burden of production and persuasion to a preponderance of evidence when proving the insanity defense. Bria offers her testimony that she is insane and incapable of forming criminal intent. Will Bria be successful with her defense? Why or why not? Module 1: The Elements of a Crime Elements of a Crime Criminal Act - Actus Reus Criminal Intent 0 Mens Rea Concurrence of the two Conduct means an action or omissions and its accompanying state of mind Criminal Act 0 The guilty act Unlawful bodily movement Must be voluntary 0 If a voluntary act is followed by an involuntary one, the court may still impose criminal liability depending on the circumstances (DUI) Perry is hypnotized at the local county fair. The hypnotist directs Perry to smash a banana cream pie into his girlfriend Shelley's face. Smashing a pie into a person's face is probably battery in most states, but Perry did not commit the act voluntarily, so he should not be convicted of a crime. Punishing Perry for a battery would not specifically deter Perry from performing the act again while hypnotized because he is not in control of his behavior when experiencing this mental state. Status as a Criminal Act Status is normally not a criminal act Status is who the defendant is, not what the defendant does Robinson v. California, 370 US. 660 (1962) O The US Supreme Court held that it is unconstitutional as cruel and unusual punishment pursuant to the Eighth Amendment to punish an individual for the status of being a drug addicteven if the drugs to which the defendant is nririirtnri an: illnnnl