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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."
United States case. [56] In the Durham case, the court ruled that a defendant is entitled to acquittal if the crime was the product of their mental illness (i.e., crime would not have been committed but for the disease). The Durham rule, also called the Product Test, is broader than either the M'Naghten test or the irresistible impulse test.
1954 – Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954), 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, that "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect". [4]
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]
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution . [ 1 ]
The Penal Code of the U.S. state of California states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of ... diminished responsibility or irresistible impulse..." [2] [3] The "policeman at the elbow" test is a test used by some courts to determine whether the defendant was insane when they committed ...
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