the Mc Naughtan Rule with the Durham Rule : Compare and Contrast Differences: Mc Naughtan Rule Durham Rule The M’Naghten insanity defense is cognitive and focuses on the defendant’s awareness The Durham rule focuses on the defendant’s ability to control conduct.
What is also known as the Durham rule?
A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease.
What is another name for the M Naghten rule?
The Irresistible Impulse Test
The Irresistible Impulse Test; or. The M’Naghten Rule.
Where is the Durham insanity defense used?
The Durham Rule: The Basics
For example, drug addicts were able to use the defense to successfully avoid conviction for crimes related to their addiction. As mentioned above, the only state that still uses this rule is New Hampshire.
What are the two parts of the M Naghten rule?
M’Naghten Rule Examples
The M’Naghten rule has two components: 1) the person must not have known, at the time of the crime, what they were doing, or 2) the person did not know, at the time of the crime, that what they were doing was wrong.
What is the Durham rule for insanity?
The Durham rule states “that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.” The implementation of this test was initially seen as a progressive development.
Why is the Durham rule important?
The Durham Rule was considered a very significant advancement of the insanity defense in history because it replaced moral considerations with more unbiased scientific determinations as a result of advancements in the field of psychological research (“A Crime Of Insanity, 2012″).
What is the M Naghten rule used for?
The M’Naghten Test or M’Naghten Rule states that a person may be insane if at the time of committing the crime, the accused person was under the effect of mental illness and did not know the nature and quality of the act he was doing.
What is the problem with the M Naghten rule?
Criticisms of M’Naghten Rule
The strict approach adopted in R v Windle that individuals with Psychiatric conditions can be sent to prison just on the basis of their awareness of the wrong or right of their actions. The term Insane in itself can be seen as offensive and a derogatory term that is used in modern society.
When was the Durham rule created?
The Durham rule was created in 1954 by Judge David L. Bazelon, of the U.S. Court of Appeals for the District of Columbia, in Durham v. United States, 214 F. 2d 862.
What is Durham rule test?
Definition of Durham rule
: a formerly used legal test under which a person was not judged responsible for a criminal act that was attributed to a mental disorder.
What are the four 4 tests for insanity?
The four tests for insanity are the M’Naghten test, the irresistible-impulse test, the Durham rule, and the Model Penal Code test.
Why did the Durham rule become unworkable?
rule has proved to be unsuccessful for several reasons, such as a lack of precise definitions for terms such as mental disease or mental defect. By 1972, Durham rule was replaced in many jurisdictions by legal guidelines formulated by the American Law Institute (ALI) to define the legal basis of insanity.
Why is it called the M Naghten rule?
The M’Naghten rule on criminal insanity is named for Daniel M’Naghten, who, in 1843, tried to kill England’s prime minister Sir Robert Peel. M’Naghten thought Peel wanted to kill him, so he tried to shoot Peel but instead shot and killed Peel’s secretary, Edward Drummond.
What is the Mcnaughton M Naghten rule *?
Under the M’Naghten rule, a person was legally insane if she was so deranged that she did not know what she was doing. Under many current statutes, a person is legally insane if she is so deranged that she lacks substantial capacity to appreciate the criminality of her conduct.
Why did many criticize the M Naghten rule?
This has been criticized as it assumes a lack of criminal responsibility simply because there is evidence of some sort of mental dysfunction, rather than establishing a standard of criminal responsibility. According to this view, the law should be geared to culpability not mere psychiatric diagnosis.
Why was the Durham rule criticized?
The test was criticized because the Circuit Court has provided no real definitions of “product,” “mental disease,” or “de-fect.” Because the Durham Rule proved very difficult to apply, the Circuit Court abandoned it in 1972.
What is the difference between volitional insanity and cognitive insanity?
In other words, the cognitive impairment centers on the defendant’s basic understanding of right and wrong. The volitional impairment, on the other hand, centers on the person’s ability to control his behavior and to avoid committing acts that he knows are wrong.
What is currens rule?
CURREN’S RULE(1971) Donald Curren Violated the motor vehicle act An accused person will not be criminally responsible, if at the time of committing the act, he did not have the capacity to regulate his conduct to the requirement of law, as a result of mental disease or defect.
What do you mean by mens rea?
guilty mind
Mens Rea refers to criminal intent. The literal translation from Latin is “guilty mind.” The plural of mens rea is mentes reae. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.
Why is the insanity defense important?
States should provide a full insanity defense. When defendants’ mental illnesses prevent them from understanding the wrongfulness of the act or prevent them from controlling their behavior, they should be acquitted by reason of insanity. Criminal liability in these instances is unfair. Inappropriate, and ineffective.