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abnormal insanity la
Laws pertaining to the definition of insanity
| Question | Answer |
|---|---|
| The M’Naghten Rule: | “knowing right from wrong rule” due to the defect, doesn’t know right from wrong |
| The Irresistible Impulse Rule: | accused persons might not be responsible for their actions, even when they knew they were doing wrong, if they had lost the power to choose between right and wrong |
| The Durham Rule | “Product Test” the accused is not criminally responsible if her or his unlawful act was the product of mental disease or mental defect |
| The American Law Institute Standard “substantial capacity test” | combines the cognitive aspect of M’Naghten with the violational focus of irresistible impulse in holding that the perpetrator is not legally responsible if at the time of the act, she or he, owing to mental disease or defect, lacked “substantial capacity |
| The Federal Insanity Defense Reform Act: | “unable to appreciate” 1.Removed I.I. 2.Mental illness must be “sever” enough 3.Moved the Burden of Proof of Insanity to the defense 4.Guilty but mentally ill (GBMI) -criminal commitment: moved to treatment in hospital & then serve rest of se |
Created by:
tlc101
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