English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

5 answers

M'Naghten's case M'Naghten's Case (1843) 10 C & F 200 (note 1)

Known in the U.S. as McNaughton.

According to the Cornell Law School, "In the 18th century, the legal standards for the insanity defense were varied. Some courts looked to whether the defendant could distinguish between good and evil, while others asked whether the defendant 'did not know what he did.' By the 19th century, it was generally accepted that insanity was a question of fact, which was left to the jury to decide.

The McNaughton rule -- not knowing right from wrong
The first famous legal test for insanity came in 1843, in the McNaughton case. Englishman Daniel McNaughton shot and killed the secretary of the British Prime Minister, believing that the Prime Minister was conspiring against him. The court acquitted McNaughton 'by reason of insanity,' and he was placed in a mental institution for the rest of his life. However, the case caused a public uproar, and Queen Victoria ordered the court to develop a stricter test for insanity.
The 'McNaughton rule' was a standard to be applied by the jury, after hearing medical testimony from prosecution and defense experts. 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 McNaughton rule became the standard for insanity in the United States and the United Kingdom, and is still the standard for insanity in almost half of the states." (note 2)

See also United States v. Brawner, 471 F.2d 969 (1972), the Comprehensive Crime Control Act 18 U.S.C. § 17, Insanity Defense Reform Act of 1984 (18 U.S.C. § 4241) and notes 2 and 3 (below) which are the source of the foregoing information.

2006-10-14 19:12:56 · answer #1 · answered by MrLou 3 · 0 0

quite interesing... have fun reading the source that I got this from.



n English Law there are two questions to be dealt with before someone is found guilty of a crime. The first concerns identifying the right person. The second question concerns matters such as intent and voluntariness, the socalled mens rea. Serious charges usually require clear evidence of intention and Hart1 suggested that there are five regularly used excuses for such crimes—mistake, accident, provocation, duress and insanity.

Most jurisdictions allow some leeway for mentally disordered criminals. The tests of insanity in England and Wales were spelled out explicitly in the so-called McNaughton Rules in 18432.

2006-10-14 17:18:37 · answer #2 · answered by Funky_Medema 3 · 0 0

McNaughton, 1843.

2006-10-14 15:52:13 · answer #3 · answered by . 6 · 1 0

i plead not guilty to cookie murder because the cookie monster murdered mr cookie with the cookie jar in the Kitchen and i have the evidence to prove it mrs justice nurse susie hugs.

2016-03-28 09:41:28 · answer #4 · answered by Anonymous · 0 0

I don't know when it was or what case it was but it had to do with a woman killing her husban while she was in the rag.

2006-10-14 16:05:00 · answer #5 · answered by Don K 5 · 0 1

fedest.com, questions and answers