Explain three principles that are commonly used to define insanity when a crime is committed. How is insanity most commonly defined today?

Question

What will be an ideal response?

Answer 1

The M'Naghten rule emphasizes not knowing right from wrong at the time of the crime, while the irresistible impulse rule holds that the person is not responsible if they could not avoid committing the act in question. The Durham rule, or "product test," says that the accused is not criminally responsible if the unlawful act was the product of a mental disease or defect. Thus we see a movement from not knowing right from wrong, to an emphasis on thought processes, to establishing that some illness was the cause of the behavior. Over time, the insanity defense has become more difficult to use, as a consequence of a number of controversial cases. Today, the burden of proof is on the defense; it must establish that the defendant is insane, as opposed to the prosecution. Most states today employ the M'Naghten rule or the American Law Institute (ALI) Standard. The ALI standard requires a combination of M'Naghten and irresistible impulse-the individual must not know right from wrong and be moved by an irresistible impulse. GRADING RUBRIC: 10 points total, 2 points each for 3 principles, 4 points for status of insanity today.