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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 "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.
Insanity, as opposed to competence, refers to an individual's mental state at the time of the crime rather than at the time of the trial. [ 34 ] [ 43 ] According to legal principles of insanity, it is only acceptable to judge, find someone criminally responsible, and punish a defendant if that individual was sane at the time of the crime.
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]
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 ...
If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime. . In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defenda