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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."
Between 1940 and 1984, the law provided for a board of examiners to be established for each federal and penal correctional institution that would consist of three medical officers, one appointed by the warden or superintendent of the institution; another by the U.S. Attorney General; and another by the U.S. Public Health Service. [3]
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 House of Lords delivered the following exposition of the rules: . the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the ...
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.
Announcing ‘her presence with authority’ “The Church of Baseball” describes a good idea nearly pecked to death by 1,000 corporate pigeons, starting with the cast Shelton considered perfect.
Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. [1] For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's ...