The M'Naghten Rules of were not a codification or definition of insanity but rather the responses of a panel of judges to hypothetical questions posed by Parliament in the wake of Daniel M'Naghten 's acquittal for the homicide of Edward Drummond, whom he mistook for British Prime Minister Robert Peel.
The NSW Supreme Court has held there are two limbs to the M'Naghten Rules, that the accused did not know what he was doing, or that the accused did not appreciate that what he was doing was morally wrong, in both cases the accused must be operating under a 'defect of reason, from a disease of the mind'.
However, the case caused a public uproar, and Queen Victoria ordered the court to develop a stricter test for insanity. Controversy[ edit ] The insanity plea is used in the U.
It further stated that a person under the death penalty is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed. The rule created a presumption of sanity, unless the defense proved "at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong.
The irresistible impulse standard focuses on the ability of the defendant to have control over his or her actions at the time of the crime. The fundamental fairness of our country is based on the concept that you will not be treated differently than other people.
The Model Penal Code Inin an attempt to modernize the legal standard for insanity, the American Law Institute, a panel of legal experts, developed a new rule for insanity as part of the Model Penal Code.
These capping provisions limited the jurisdiction of a Review Board over an accused based on the maximum potential sentence had the accused been convicted e. Some states require such confinement for the length of time the person would have received if convicted as a minimum, so he or she may end up spending more time confined than if he or she did not raise such a defense.
I think that makes sense.