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Individual Work

By Etayshia2014 Jul 19, 2014 371 Words


Criminal Law
Etayshia Burt
Everest College Phoenix Online

Explain the differences between the M'Naghten rule, the Durham test, and guilty but mentally ill. If you were advising a client who wants to raise the insanity defense, which defense would be most advantageous for him or her? The M’Nagthen 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 that he did not know what he was doing ( “Insanity Defense,” 2010). According to the Durham Rule, a criminal defendant cannot be convicted of a crime if the act was the result of a mental disease or defect at the time of the incident ( “The Durham Rule,” 2013). The Guilty but Mentally Ill Verdict authorizes both a conventional criminal sanction and psychiatric treatment for a mentally ill defendant who sought to be found not guilty by reason of insanity (Frey, 1983). In criminal trials, the insanity defense are possible defenses by excuse, and affirmative defense by which defendants argue that they should not be held liable for breaking the law because they were legally insane at the time of the commission of alleged crimes ( “Insanity Defense,” 2013). For example, a client walks in my office and tries to plead insanity for a crime that she has committed. I already know that this client has had some issues in the past, and may have some mental issues. She lacked the mental state to understand the nature and consequences of the crime. So therefore, the guilty but mentally ill defense rule would be most advantageous, and she would be admitted to a mental hospital instead of a prison.

References
Frey, R. (1983, January). The guilty but mentally ill verdict and due process. Retrieved from http:/www.litgation-essentials.lexishexis.com Insanity defense. (2013, June 05). Retrieved from http:/www.princeton.com Insanity defense. (2010, August 19). Retrieved from http:www.law.cornell.edu The durham rule. (2013). Retrieved from http:/www.criminal.findlaw.com

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