NCJ Number
7283
Date Published
1968
Length
285 pages
Annotation
INQUIRY INTO THE PHILOSOPHIES WHICH SUPPORT THE VARIOUS LEGAL STANDARDS ON CRIMINAL CAPACITY, AND A PROPOSAL FOR A NEW INSANITY TEST BASED ON SOCIO-ETHICAL CRITERIA.
Abstract
THE AUTHOR ANALYZES THE M'NAGHTEN RULE'S LOGIC, VOCABULARY, APPLICATIONS, AND COMPATIBILITY WITH PSYCHIATRIC THEORIES. THE HISTORY AND MEANINGS OF THE CONCEPT OF MENS REA ARE EVALUATED IN LIGHT OF THE THEORIES AND GOALS OF CRIMINAL LAW. ALTERNATIVES TO THE M'NAGHTEN RULE ARE CONSIDERED, INCLUDING THE IRRESISTIBLE IMPULSE DOCTRINE, THE DURHAM RULE, THE NEW HAMPSHIRE APPROACH, AND THE STANDARD OF THE AMERICAN LAW INSTITUTE. FINALLY, THE AUTHOR CONCLUDES THAT ALL OF THESE STANDARDS ARE INADEQUATE, AND HE ADVANCES A NEW DEFINITION OF CRIMINAL RESPONSIBILITY. WHEN USING THIS DEFINITION, THE JURY WOULD HEAR TESTIMONY FROM BOTH EXPERTS AND LAY PERSONS REGARDING THE FUNCTIONAL CAPACITY OF THE MAN DURING THE STAGES OF HIS CRIME. THE DEFENDANT'S REASONING OR COGNITIVE FUNCTIONING, HIS EMOTIONAL FUNCTIONING, HIS CAPACITY FOR SELF CONTROL, AND HIS ABILITY TO MAKE MORAL DECISIONS WOULD ALL BE CONSIDERED AND EVALUATED. THIS THEORY CONCENTRATES ON THE JUDGMENT OF A PERSON'S BEHAVIOR RATHER THAN THE STATE OF HIS MIND.