Discuss the M'Naghten Rule and the various tests for insanity which have developed over the years. Also discuss the Model Penal Code's treatment of the insanity defense

Question

What will be an ideal response?

Answer 1

• The M'Naghten Rule originated in England and is a right-wrong test: was the accused laboring under such a mental defect that he or she did not know the nature and quality of the act committed or, if knowing the nature and quality of the act, did he or she not know that it was wrong?
• Over the years, the insanity defense was at first liberalized ("irresistible impulse" would be an example), but in recent years it is most commonly an affirmative defense and is limited to a variation of the M'Naghten Rule, which involves analysis of cognitive and moral incapacity. Volitional incapacity and the product-of-mental-illness test have basically been abolished.
• The Model Penal Code is more liberal than modern trends followed in most states and inquires as to whether the accused suffered from mental disease or defect such that he lacked substantial capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
• Forgery applies to written instruments.
• Counterfeiting applies to things other than written documents such as paintings, art objects, and U.S. currency.
• There are a few instances where conduct can be either forgery or counterfeiting such as where an officer of a corporation produces phony duplicate stock certificates and sells them to unsuspecting buyers. This can also be uttering.
• The Model Penal Code treats forgery, uttering, and counterfeiting all under the title of Forgery.