Brinkley’s attorney will claim that, at the time of committing his crimes, the defendant, as a result of serious mental disease or defect, did not understand the nature and quality of his actions or could not tell right from wrong. This attorney is
relying upon the:
Michael Brinkley, a diagnosed paranoid schizophrenic, believes that aliens have instructed him to kill the president. He begins by sending letters threatening the president. He also purchases a gun from a nearby pawn shop (one that fails to conduct an appropriate background check). Brinkley then flies to Washington, D.C. Luckily, at Dulles Airport, he picks up the wrong piece of luggage at baggage claim. He shows up at the White House, opens this incorrect bag which happened to looked like his, and is upset when he doesn’t see his gun. He instead grabs a nearby rock and throws it at the White House, screaming “Die.” Nearby law enforcement agents arrest him and he is charged with several counts related to making threats against the President of the United States.
a. M’Naghten Rule
b. ALI insanity standard, or Freeman Rule
c. Durham Test
d. Blockburger Test
Answer: A
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