Explain the differences between the M’Naghten rule, the Durham test, and guilty but mentally ill. If you were advising a client who wants to raise the insanity defense, which defense would be most advantageous for her?
What will be an ideal response?
Under the M’Naghten rule, each defendant is presumed to be sane. If choosing to attempt an insanity defense, the defendant must prove clearly that he/she lacks sufficient reasoning to be held responsible for the crime. A complete lack of capacity must be demonstrated. However, under the Durham test, the defendant must only prove a substantial lack of capacity. If a defendant used a defense of being guilty, but mentally ill, the defendant is
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