Insanity tests

Question 1

What are the 2 grounds of the M’Naghten test?

Answer 1

1. defendant did not know the nature and quality of the criminal act
2. defendant did not know the act was wrong
   - from the 19th century
   - includes “irresistible impulse”

Question 2

What is the ALI test?

Answer 2

• by the American Law Institute
• person is not responsible for criminal conduct if result of mental disease or defect or lacks substantial capacity to appreciate the criminality (wrongfulness) or to conform his conduct to law
• avoids the all-nothing language of M’Naghten
• avoids “irresistible impulse” formulation
• specifically excluded psychopathic personality

Question 3

Explain the Durham rule

Answer 3

• from the 1950s
• take focus away from M’Naghten test of knowing right from wrong
• relied on psychiatrists to determine of criminal behavior was a product of mental disease or defect
• no longer used because of too much reliance on psychiatrists, subjective