Discuss three principles that are commonly used to define insanity. How is insanity most commonly defined today?
What will be an ideal response?
The M'Naghten Rule emphasizes not knowing right from wrong at the time of the crime, while the irresistible impulse rule that holds that the person is not responsible if he or she could not avoid doing the act in question. The Durham rule or "product test" says 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, 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; the defense must establish that the defendant is insane, as opposed to the prosecution establishing sanity. Most states today employ the M'Naghten 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 - 2 points each for each of 3 principles, 4 points for status of insanity today - 10 total.
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