Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
What is the insanity defense?
A defense asserted by an accused
in a criminal prosecution to avoid
liability for the commission of a
crime because, at the time of the
crime, the person did not
appreciate the nature or quality
or wrongfulness of the acts.
(Legal Dictionary)
The M'Naghten rule
The M'Naghten rule is a test for criminal
insanity. Under the M'Naghten rule, a
criminal defendant is not guilty by
reason of insanity if, at the time of the
alleged criminal act, the defendant was
so deranged that she did not know the
nature or quality of her actions or, if she
knew the nature and quality of her
actions, she was so deranged that she
Is it successful? Only about
did not know that what she was doing
one-third of the cases are
was wrong.
successful.
The M'Naghten rule on criminal insanity
Is it overused?The defense has
is named for Daniel M'Naghten, who, in
been inflamed by the media.
1843, tried to kill England's prime
There are a very low number of
minister Sir Robert Peel. M'Naghten
offenders that attempt it.
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
thought Peel wanted to kill him, so he
emphasis on "mental disease or defect"
tried to shoot Peel but instead shot and
and thus on testimony by psychiatrists
killed Peel's secretary, Edward
and is argued to be somewhat
Drummond. Medical experts testified
ambiguous.
that M'Naghten was psychotic, and
The "Model Penal Code" Test for
M'Naghten was found not guilty by
Legal Insanity
reason of insanity”(legal-dictionary).
In response to the criticisms of the
The Durham Rule
various tests for the insanity defense,
The Durham Rule or "product test" was
the American Law Institute (ALI)
adopted by the United States Court of
designed a new test for its Model Penal
Appeals for the District of Columbia
Code in 1962. Under this test, "a person
Circuit in 1954, in the case of Durham v.
is not responsible for criminal conduct if
U.S. (214 F.2d 862), and states that "...
at the time of such conduct as a result
an accused is not criminally responsible
of mental disease or defect he lacks
if his unlawful act was the product of
substantial capacity either to appreciate
mental disease or defect". Durham was
the criminality of his conduct or to
later overturned in the case U.S. v.
conform his conduct to the requirements
Brawner, 471 F.2d 969 (1972). After the
of the law."
1970s, U.S. jurisdictions have tended to
not recognize this argument as it places
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
The Model Penal Code test:
burden of proof rest with the
state; that is, the prosecutor
1) Much broader than the M'Naghten
had to prove that the
Rule and the Irresistible Impulse Test
defendant was not insane.
2) Asks whether defendants have a

After the Hinckley verdict,
substantial incapacity to appreciate the
the vast majority of states
criminality of their conduct or to
required the defense to prove
conform their conduct to the law rather
that the defendant was
than the absolute knowledge required
indeed insane.
by M'Naghten and the absolute inability

In states where the burden is
to control conduct required by the
on the defense to prove
Irresistible Impulse Test.
insanity, the defense is
required to show either by
Current Application of the Insanity
clear and convincing
Defense
evidence or by a

The question of who has the
preponderance of the
burden of proof with an
evidence that the defendant
insanity defense has been a
is insane.
source of controversy

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
In states where the burden is
Before the Hinckley verdict, a
still on prosecutors to prove
majority of states had the
sanity, they are required to
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
prove it beyond a reasonable
The Federal Insanity
doubt.
Defense Reform Act
Contrary to uninformed opinion,
defendants found not guilty by
reason of insanity are not simply
released from custody. They are
generally committed to mental
hospitals where they can be
confined for longer than their
prison terms would have been

The federal Insanity Defense
Reform Act of 1984, codified at 18
U.S.C. § 17, provides: "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, the defendant, as a
After Hinckley, many states
result of a severe mental disease or
changed their commitment
defect, was unable to appreciate
policies to ensure that a
the nature and quality of the
defendant found not guilty by
wrongfulness of his acts. Mental
reason of insanity would be
disease or defect does not
required to stay in a mental
otherwise constitute a defense."
hospital for a certain period
(Findlaw)
of time for evaluation
following acquittal.
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
The Insanity Defense Among the
States
Insanity: Myth or Fact?
Myth
Four states, including Kansas, Montana,
o
Clever and wealthy defendants
Idaho, Utah, do not allow the insanity
routinely fake insanity in order
defense. In other states, the standards
to get out of trouble
for proving this defense vary widely.
Fact
The following provides the status of the
o
insanity defense in each jurisdiction:
It is unlikely that many criminal
defendants attempt to "fake"
insanity because it is very risky
(facts from Findlaw inserted in graph by
for any criminal defendant; all
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chances to plea bargain and
contest material facts of the
Status according to States
Modified
M'Naghte
n Rule
10%
Modified
Model
Penal
Code
12%
Abolished
8%
Durham
Standard
2%
case are lost
Myth
M'Naghte
n Rule
33%
o
According to 1998 opinion polls,
90 % of Americans believe the
Model
Penal
Code
35%
insanity defense is overused
and a ticket to freedom for
murderers.
Fact
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
o
An eight state study funded by
o
The typical defendant using
the National Institute of Health
insanity is a cold-blooded
found 1/2 of those pleading
murderer who kills numerous
insanity were charged with
individuals knowing that he can
nonviolent crimes such as
later plead insanity to go free
property damage and minor
felonies
o
less than 15 % were charged
with murder
Fact
o
The typical "Not Guilty by
Reason of Insanity" defendant
is: (1) an abused wife driven to
Myth
kill by years of physical abuse;
o
Killers deemed "Not Guilty by
or (2) a depressed individual
Reason of Insanity" ultimately
who kills persons close to him
are turned loose to pose a
(parents, child, lover)
threat to society at large
(http://www.nlm.nih.gov)
Fact
o
Persons successfully pleading
insanity spend more time in a
mental hospital than they would
if found guilty and sentenced to
jail
Myth
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
WORKS CITED
Acorn, Annalise. "Is Insanity a Demeaning Defense? Examining the Ethics of Offender
Pathologization through the Lens of the Classics." Journal of Forensic Psychology
Practice 11.2/3 (2011): 204. MasterFILE Premier.EBSCO. Web. 12 Apr. 2011.
American Psychiatric, A. (1984). Issues in forensic psychiatry : insanity defense,
hospitalization of adults, model civil commitment law, sentencing process, child
consultation. Washington, DC: Distributed by American Psychiatric
Press.8507199
Brickfield, Paul B. “The Insanity Defense Among the States – Criminal Law.”
Criminal Law Center – Criminal Law. Web. 1 Apr. 2011.
http://criminal.findlaw.com/crime s/more criminal-topics/insanity-defense/theinsanity-defense-among-the-states.html
Brickfield, Paul B. “Insanity Defense:The model penal code.” Criminal Law Center –
Criminal Law. Web. 1 Apr. 2011. http://criminal.findlaw.com/crime s/more criminal-topics/insanity-defense/the-model-penal-code-test.html
"Insanity." Columbia Electronic Encyclopedia, 6th Edition (2010): 1. MasterFILE Premier.
EBSCO. Web. 10 Apr. 2011.
" Insanity: Myth or Fact." UMKC School of Law. Web. 17 Apr. 2011.
<http://law2.umkc.edu/faculty/projects/ftrials/hinckley/myth.htm>.
Martin, Emily, and Lorna Rose. "Resources on the History of Psychiatry." Resources
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Terri Ronlev
English 2010
April 1, 2011
Instructor Bown
on the History of Psychiatry (2004): 1-63. Web. 5 Apr. 2011.
<http://www.nlm.nih.gov/hmd/pdf/historypsychiatry.pdf>.
"M'Naghten Rule." West's Encyclopedia of American Law, edition 2. 2008. The Gale
Group 12 Apr. 2011 http://legaldictionary.thefreedictionary.com/M'Naghten+Rule
"NCJRS Abstract." National Criminal Justice Reference Service. Web. 17 Apr. 2011.
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=95212
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