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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.
Per Federal Rule of Criminal Procedure 12.2, a defendant intending to pursue an insanity defense must timely notify an attorney for the government in writing. The government then has a right to have the court order a psychiatric or psychological examination.
The insanity defence article has a number of alternative tests that have been used at different times and places. As one example, the ALI test replaced the M'Naghten rule in many parts of the United States for many years until the 1980s; when, in the aftermath of John Hinckley shooting US President Ronald Reagan , many ALI states returned to a ...
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]
Downey shrugs at his costar Woody Harrelson, who smirks.Harrelson is bald, having shaved his head two weeks ago on camera after Stone declared that his character, a serial killer, should shave his ...
United States (which adopted a new criminal insanity test) set off a long clash between the two judges, because Burger strongly opposed the new test. [19] Under Bazelon's Durham rule, a defendant would be excused from criminal responsibility if a jury found that the unlawful act was "the product of mental disease or mental defect," rather than ...