An irresistible impulse is an action taken without control, used as a defense in some legal situations. It is not recognized in all jurisdictions and is often examined under the “Cop Elbow” test. Successful use may result in psychiatric treatment instead of confinement.
An irresistible impulse is an action that someone takes without the ability to control whether they are taking that action. In legal situations, this term is often used to refer to a form of defense in which a person claims that they are not guilty due to an inability to control their actions. This type of defense is not recognized in all jurisdictions, although many areas accept it in some situations. An irresistible urge is often examined under a test commonly referred to as the “Cop Elbow” test to demonstrate whether someone can control the actions being taken.
Generally regarded as a specific form of diminished defensiveness, an irresistible impulse is a defense with an excuse, rather than a defense of inaction. When someone claims to be under the control of an irresistible impulse, then he admits that he has done an act which is charged with a crime. The defence, however, is that the action that was performed was done out of control and is therefore not the defendant’s responsibility. Someone who attacks a person who may have hurt them in the past, but not in a self-defense situation, may claim that they were unable to control their actions at the time of the attack due to past trauma.
There are a number of countries where a defendant can use an irresistible impulse as a defense, such as England and some states in the United States. Other areas allow some cases to be argued with a compelling impulse defense, albeit only under certain conditions. This limitation often permits the use of that defense as long as it would result in a conviction on a lesser charge, such as a felony murder case that is defended through diminished capacity resulting in a felony conviction.
In some areas, successful use of an overpowering impulse defense can result in compulsory treatment in a psychiatric facility, rather than release or confinement in a correctional institution. The test to determine whether someone was under an irresistible urge is often referred to as the “Cop Elbow” test. While various questions may be asked during this test, essentially the purpose of the test is to determine whether or not the person would have committed the action if a police officer were standing next to them at the time. This makes sense not if the defendant understands right and wrong, but if the defendant could control her actions at the time.
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