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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. Examples in which such rules were articulated in common law include State v. Pike (1870) and Durham v. United States (1954).
Durham v. United States , 214 F.2d 862 (D.C. Cir. 1954), [ 1 ] 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."
The test has more lenient guidelines for the insanity defense, but it addressed the issue of convicting mentally ill defendants, which was allowed under the M'Naghten Rule. [12] However, the Durham standard drew much criticism because of its expansive definition of legal insanity. It was abandoned in the 1970s, after the case of United States v.
"Irresistible impulse" can be pleaded only under the defense of diminished responsibility, not under the defense of insanity. Thus it operates only as a partial defence to murder, reducing the charge to manslaughter, and giving the judge discretion as to length of sentence and whether committal would be more appropriate than incarceration.
State v. Pike, 49 N.H. 399 (1870), is a criminal case which articulated a product test for an insanity defense. [1] The court in Durham v. United States used it as the basis for what came to be known as the Durham rule. [1]
Ron Shelton wrote and directed ‘Bull Durham,’ which was filmed in Durham, North Carolina, more than 30 years ago. Shelton left the table, nixing Hall as Nuke. Still, newcomer Tim Robbins ...
The idea of insanity in English law dates from 1324, when the Statute de Praerogativa Regis allowed the King to take the lands of "idiots and lunatics." The early law used various words, including "idiot", "fool" and "sot" to refer to those who had been insane since birth, [2] and "lunatic" for those who had later become insane, or were insane with some lucid intervals. [3]
Legions of fans shelled out $79.80 for her Stop the Insanity!program of recipes, workout tips and motivational audio cassettes — and they made Powter a best-selling author three times over.