Legal Definitions - volitional test

The volitional test, also known as the irresistible-impulse test, is a legal standard used in some jurisdictions to determine a defendant's criminal responsibility. This test focuses on whether, due to a severe mental disease or defect, an individual was unable to control their actions or conform their conduct to the requirements of the law, even if they understood that their actions were legally or morally wrong.

Unlike tests that primarily assess a person's knowledge of right and wrong, the volitional test examines their ability to exercise willpower and choose to act lawfully. It asks whether the person's mental condition rendered them powerless to resist an impulse to commit a crime.

• Example 1: Kleptomania

  Sarah, who has a clinically diagnosed severe case of kleptomania, enters a boutique. Despite knowing that stealing is illegal and morally wrong, she experiences an overwhelming and uncontrollable urge to take a specific item. She pockets a scarf, feeling utterly compelled to do so, even though she has the financial means to purchase it and is aware of the potential consequences.

  Explanation: This scenario illustrates the volitional test because Sarah's mental condition (kleptomania) impaired her ability to control her actions. Even though she possessed the cognitive understanding that stealing was wrong, her volition—her capacity to resist the impulse—was compromised by her illness.

• Example 2: Psychotic Episode

  Mark, who suffers from a severe psychotic disorder, experiences a sudden, acute episode during which he genuinely believes he is receiving direct commands from an alien entity to destroy all electronic devices in a public library. Although he has a fleeting moment of awareness that damaging property is against the law, the compulsion is so powerful that he feels completely unable to stop himself from smashing several computers.

  Explanation: In this case, Mark's mental illness directly impacted his volition. Despite a momentary understanding of the wrongfulness of his actions, his psychotic state rendered him unable to resist the overwhelming impulse driven by his delusions, which is central to the volitional test.

• Example 3: Severe PTSD Flashback

  David, a veteran diagnosed with severe, untreated Post-Traumatic Stress Disorder (PTSD), is in a crowded shopping mall when a sudden, loud bang from a dropped object triggers an intense flashback. Believing he is back in a combat zone under immediate threat, he instinctively reacts by physically assaulting a nearby stranger, perceiving them as an enemy combatant. While he might later recognize that harming an innocent person is wrong, at the moment of the flashback, his mind was so consumed by the perceived threat that he had no conscious control over his aggressive, defensive actions.

  Explanation: This example demonstrates the volitional test because David's mental condition (PTSD) caused an involuntary and uncontrollable reaction. Despite the general understanding that harming others is wrong, his specific mental state during the flashback prevented him from exercising control over his actions, thereby impairing his volition.