Judge David L. Bazelon.
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 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.
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.
Do you think insanity is a good Defence?
The defence of insanity is a law that protects a person who is incapable of understanding the nature of the act done by him. The unsoundness of mind should be of such an extent that it makes the offender completely incompetent in knowing the nature of the act.
What is Ali test?
A legal test for defining a person as “insane” under the law, which the court will accept if it finds that the defendant had a mental defect such that he or she lacked the substantial capacity to either: (1) appreciate the wrongfulness of his or her conduct; or. (2) conform his or her conduct to the law.
How did the Durham rule come about?
a 1954 ruling by the U.S. Court of Appeals in a case involving a defendant named Durham. It stated that “an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.” This rule has been replaced by the American Law Institute Model Penal Code insanity test.
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″).
Why is the Durham rule so difficult to use?
Implementation of the Durham rule ran into serious difficulties. The rule did not elicit the detailed courtroom discussion of mental illness and criminal behavior that Judge Bazelon and others had hoped for.
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.
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.
Can there be a trial of an insane person?
According to Section 331 of the Act, when the inquiry and trial are postponed or suspended, the magistrate shall summon the person after he or she regains mental soundness or ceases to be insane and resume the inquiry and trial.
What happens when a mentally ill person kills someone in India?
In India, Capital Punishment is only awarded by a Court in the “rarest of the rare” cases. The United Nations Commission on Human Rights urges all nation-states to not impose the death penalty on a person suffering from any mental disorder.
How does an insane person act?
mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is distinguished from low intelligence or mental deficiency due to age or injury.
What is the wild beast test?
Legal Insanity: Background
British courts came up with the “wild beast” test in the 18th Century, in which defendants were not to be convicted if they understood the crime no better than “an infant, a brute, or a wild beast.”
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 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.
Is insanity a mental illness?
Generally speaking, people who qualify as criminally insane experience a level of mental illness that prevents them from understanding either their actions or the consequences of their actions. A person may be deemed unfit for trial, not guilty due to temporary insanity, or not guilty by reason of insanity.
What replaced the M Naghten rule?
It said a defendant should be found not guilty if, during the offense, he lacked “substantial capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.” Over time, most states and the District of Columbia replaced M’Naghten with the ALI standard.
Which of the following were problems with the Durham rule that led to it being dropped by almost all jurisdictions?
which of the following were problems of the Durham rule that led to it being dropped by almost all jurisdictions? “temporary insanity created by voluntary use of alcohol or drugs” also does not qualify a defendant for acquittal by reason of insanity. Insanity Defense Reform Act, enacted by Congress in 1984.
What was one concern with regard to the application of the Durham rule in the 1950s?
The Durham rule proved vague and difficult to apply, however, and many were concerned that the broad definition would exonerate far more defendants than ever before.
How do you prove insanity?
To prove insanity, most jurisdictions require:
A professional assessment. Proof the defendant was not capable of distinguishing between right and wrong. Proof this mindset happened during the time of the offense (see temporary insanity below)