Insanity Defense

             The four significant modern tests for insanity are:
             The McNaughtan test requires six elements. These are 1. Disease of mind. 2. Causing and not merely co-existing with. 3. A defect of reason is resulting in the offender. 4. Not knowing. 5. The nature and quality of hid act. 6. That the act is wrong.
             The ALI test requires also six elements. There are 1. Mental illness of defect. 2. Which causes and does not merely co-existing with. 3. A substantial incapacity. 4. To appreciate. 5. The criminality of wrongfulness of the conduct or. 6. To conform it to the requirements of law.
             Model Penal Code the tentative draft No. 4 (1955) states: (a) A person is not responsible for a criminal conduct if at the time of such conduct as a result of mental disease or defect his capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law is so substantially impaired that he can not justly be held responsible. (b) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or is in such state that the prospect of conviction and punishment can not constitute a significant restraining influence upon him. The Proposed Official Draft states: (1) A person is not responsible for criminal is at the time of such conduct as a result of mental disease of defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. (2) As used in this article, the terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.
             The Current Federal Rule states (a) It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense,...

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Insanity Defense. (1969, December 31). In MegaEssays.com. Retrieved 16:20, April 26, 2024, from https://www.megaessays.com/viewpaper/20606.html