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 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.
What happened in Durham v United States?
United States, 214 F. 2d 862 (D.C. Cir. 1954), is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity: “an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.”
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.
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.
What is Durham rule in our criminal law?
Legal Definition of Durham rule
: a rule of criminal law used in some states that holds that in order to find a defendant not guilty by reason of insanity the defendant’s criminal act must be the product of a mental disease or defect — compare irresistible impulse test, m’naghten test, substantial capacity test.
Where did the Durham rule come from?
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.
Why the insanity defense should not be abolished?
Under this much-misunderstood defense, a person can’t be punished for serious crimes if the criminal conduct was affected by severe mental disorder. Roughly speaking, the defendant does not deserve blame because he was incapable of being rational. Blame and punishment in such cases is unfair, unjust.
What are the pros and cons of insanity claims?
Societal And Legal Pros & Cons Of The Insanity Defense
- History of the insanity defense. The insanity defense in criminal cases goes back to the mid-19th century in Great Britain.
- Pro: It creates a middle ground.
- Con: The plea can be abused.
- Pro: It establishes guilt.
- Con: The jury may be pushed beyond its competence.
What was the major change contained in the Insanity Defense Reform Act?
Insanity Defense Reform Act of 1983 – Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the ability to understand the nature and quality of the act or lacked the ability to distinguish right and wrong with
What is the irresistible impulse rule?
Under this test, the defendant will be found not guilty by reason of insanity if they can show that as a result of mental disease or defect, they could not resist the impulse to commit the crime of which they are accused, due to an inability to control their actions.
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.
Who has the burden of proof in insanity?
The defendant
The defendant has the burden of proving the defense of insanity by clear and convincing evidence. (Added Pub. L. 98–473, title II, § 402(a), Oct.
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.
What are the four tests of insanity?
It is a legal term rather than a psychiatric term. The four tests for insanity are the M’Naghten test, the irresistible-impulse test, the Durham rule, and the Model Penal Code test.
When was insanity defense first used?
This standard is the classic example of the insanity defense. It originated in Britain where, in 1843, M’Naughten murdered the secretary of the Prime Minister (in an attempt to kill the Prime Minister) believing there was a conspiracy against him involving the government.
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.
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.
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)
Is insanity a disease?
Medicine. Insanity is no longer considered a medical diagnosis but is a legal term in the United States, stemming from its original use in common law.