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(22) M'Naghten Rules Definition, Duhaim's Law Dictionary,
required by the full M'Naghten rules. They knew they were preparing
For PTSD sufferers whose crimes occurred during a dissociative reaction, this second prong may be slightly preferable to the narrower M'Naghten rule, simply because it provides a jury with an alternative way to find the defendant insane.
Unlike the M'Naghten rule, the Arizona standard makes no explicit provision for a defendant who, because of a mental defect, did not "know the nature and quality" of his act.
Despite the long pedigree of the M'Naghten rule in both Britain and the United States, Souter said that ''the insanity rule, like the conceptualization of criminal offenses, is substantially open to state choice.''
[section] 17, (175) resulted in a substantial narrowing of the insanity defense in the federal criminal system, largely resurrecting the M'Naghten Rule from 1843.
In the wake of the acquittal of John Hinckley, President Reagan's attempted assassin, the legal tide turned against Durham and the M'Naghten rule came back into vogue.
1843), discussed in Simon, supra note 91, at 8 (noting that "[u]nder the M'Naghten rule the defendant is excused only if he did not know what he was doing or did not know that what he was doing was wrong").
Self-defense acknowledges that the crime occurred, i.e., the defendant committed the act, but further acknowledges that in some way the defendant's behavior was excused because his actions were justified.(22) A successful insanity plea acknowledges that the criminal act occurred, but the insanity defense holds that the accused is not criminally responsible due to his mental state.(23) There are several different legal tests to determine when and whether the insanity defense should apply including the M'Naghten rule,(24) the "irresistible impulse" test,(25) the Durham "product" test,(26) and the American Law Institute (ALI) "substantial capacity" test.(27) The ALI test is most commonly employed to determine insanity.(28)
(136) See infra note 139 (discussing the M'Naghten rule).
Thus the birth of the M'Naghten Rule in England, which is followed in a number of our states.(14) (Some states have abandoned the M'Naghten rule for the "irresistible impulse" rule - an individual is not criminally responsible if he cannot control his conduct in committing a crime even though he knows it to be wrong.