Criminal Law and Procedure Unit One
Defenses Classwork
Name:
Bell:
Codifying the Insanity Defense
The insanity defense is perhaps the most misunderstood defense in all of criminal law. Some
states rely on the M’Naghten rule while other states rely on something else entirely. The result
mishmash of rules may contradict each other. Whether you are not guilty may not hinge on your
mental capacity, but on the jurisdiction where the criminal offense occurred.
The Task
You are members of the West Jersey legislature. For years, West Jersey’s law on insanity has
been decided by the trials courts of the state with guidance from the West Jersey Supreme Court.
Last year, the state supreme court adopted the Durham rule as the law regarding insanity. This
ruling led to an onslaught of cases in which defendants were found guilty by reason of insanity.
For the first part you will work individually. Complete the first page of this assignment by
simply filling in the “your understanding of the rule” section and the “your position on the rule”
section for each Insanity Defense. PLEASE DO NOT MOVE ONTO PART II UNTIL I TELL
YOU TO DO SO.
For the second part, I will place you groups of seven, four members who will represent the
General Assembly and three members who will represent the Senate. Each legislative body will
consider all potential insanity rules that could be codified into state law. Each legislative body
will then draft and vote on a bill that defines insanity in West Jersey. Both house must meet
together to reconcile their respective bills and codify their new law on insanity. You can adopt a
current rule or write a new rule.
Additionally, West Jersey has a strong tradition of openness in the legislative process. As such,
you must individually write your positions on each potential insanity definition for the record
prior to discussing the new insanity bill with your fellow members of the Assembly or Senate.
When you are done, staple all of your group’s sheets together and hand them in for scoring.
While you will work together on this activity, you will be scored on individual performance.
GOOD LUCK!
Criminal Law and Procedure Unit One
Defenses Classwork
Part I: To be done individually.
The West Jersey Office of Legislative Affairs requests that you state the following regarding the
codification of the insanity rule: (1) your understanding of the rule and (2) your position on the
rule for the record. For your convenience, our office has research the five currently accepted
rules on this issue. :
The Durham Rule (the current law in West Jersey):
Your understanding:
Your position on the rule:
The M’Naghten Rule:
Your understanding:
Your position on the rule:
The Irresistible Impulse Rule:
Your understanding:
Your position on the rule:
The Insanity Defense Reform Act:
Your understanding:
Your position on the rule:
The Substantial Capacity Test:
Your understanding:
Your position on the rule:
Criminal Law and Procedure Unit One
Defenses Classwork
Part II: To be done in groups
I am a representative in the: [ ] West Jersey General Assembly
[ ] West Jersey Senate
List the bill that was drafted and voted upon in your respective legislative bodies:
West Jersey General Assembly Bill:
Persons For the bill:
Persons Against the bill:
West Jersey Senate Bill:
Persons For the bill:
Persons Against the bill:
Now, both legislative bodies must meet to reconcile their respective bills and pass a new law on
the insanity defense in West Jersey:
West Jersey Legislative Bill:
Criminal Law and Procedure Unit One
Defenses Classwork
West Jersey General Assembly
Persons For the bill:
Persons Against the bill:
West Jersey Senate
Persons For the bill:
Persons Against the bill:
Staple your group’s worksheets together and hand them in for grading.