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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.
The M'Naghten/McNaugton rule (1843) defines insanity as the individual not understanding the nature and quality of his or her acts or that these acts were wrong due to a mental disease or defect. This is also referred to as the cognitive capacity test. Meanwhile, the Durham Test (established in Durham v.
The "policeman at the elbow" test is a test used by some courts to determine whether the defendant was insane when they committed a crime. It is a variant of the M'Naghten Rules that addresses the situation in which the defendant knew that what they were going to do was wrong, but had no ability to restrain themself from doing it.
1867 – In 1867, the State of Illinois passed a "Bill for the Protection of Personal Liberty" which guaranteed all people accused of insanity, including wives, had the right to a public hearing. [9] 1869 – State v. Pike, 49 N.h. 399 (1869), is a criminal case which articulated a product test for an insanity defense. [10] The court in Durham v
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]