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In R v Burgess [1991] 2 QB 92 the Court of Appeal ruled that the defendant, who wounded a woman by hitting her with a video recorder while sleepwalking, was insane under the M'Naghten Rules. Lord Lane said, "We accept that sleep is a normal condition, but the evidence in the instant case indicates that sleepwalking, and particularly violence in ...
There is disagreement over how M'Naghten's name should be spelt (Mc or M' at the beginning, au or a in the middle, a, e, o or u at the end). M'Naghten is favoured in both English and American law reports, although the original trial report used M'Naughton; Bethlem and Broadmoor records use McNaughton and McNaughten. [2]
Arizona (1966), the state may not force a defendant to submit to a psychiatric examination solely for the purposes of sentencing. Any such examination violates the defendant's Fifth Amendment rights against self-incrimination as well as the Sixth Amendment right to counsel, and is therefore inadmissible at sentencing. [163] 1981 – In Tokarcik v.
The ALI rule is: "(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
California may enforce its recent ban on guns in some 'sensitive places,' but not others, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Friday.
Tanner v. United States, 483 U.S. 107 (1987), was a United States Supreme Court case in which the Court held that juror testimony could not be used to discredit or overturn a jury verdict, even if the jury had been consuming copious amounts of alcohol, marijuana, and cocaine throughout the course of the trial.
Court restrictions barring two pretrial criminal defendants from possessing guns were constitutional, a federal court ruled Monday. Firearm restrictions on defendants awaiting trial are ...
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