The insantiy defense: M'Naghten vs. ALI.
نویسندگان
چکیده
Controversy wntinuc, to surround the legal test of criminal responsihility. l;ntil .June I, 1967, the legal test lor respomihilily in :'Ilaryland was the :'I1'~;lghtell Rille. Thi, ,lates that a defendant mmt he ".. Iahorillg under sUlh a defectilT rcasoll. lrom disea,(' of the mind, as not to know the nalure alld qllalily of the act h(' was doing. or if he did know it that he did not know h(' was doing what was wrollg."1 .\her a period of inten· sive lobbying by the psy<hiatril alld legal profcssioll. led hy Dr. :\[anfred S. Gllttmachl'r, Dr. John 1\1. Hamilton and Dr. ./ollas Rappeport, the :'ILtnland Legislature adopted the test proposed by the American Law Illstitlite (.\1.1). Thi, test wa, first adopted hy the Federal Court of Appeah for the Third Cirmit ill decidillg ['.'1. v. CIIIT{'IIS in 19fiP atHl since has been adopted ill sOllle t{'11 ,tales alld ill almost all Federal jurisdictions.:! It states that a persoll is 1I0t respomihle for (rimillal cOlldlilt if at the time of sIId1 conduct. as a result of mental disease or ddect. he l'l(ked ,"bstanti.d capacity to appreciate the criminality of his collduct or to <OlIform his conduct to the reqllirements of law. In Maryland, since 19fiO. the llIelltal examillatiom of males accused of a felollY who have entered illsanity pleas or who arc hdiel'ed hy the <Ollrt to be incompetent have been performed at tht' Clifton T. P(,rkin· Hospital Center. This is a 24fi-h('(1 maximum security hospital located in th(' c(,nter of the State of \(arylalHl. in Jessup, Howard County. Thus the rt'fonh 01 thh imtitlltinn present an opportunity to st IIdy the impact of the change in the test for respollsibility on the insanity ddellSe in :\Iaryland.
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عنوان ژورنال:
- The Bulletin of the American Academy of Psychiatry and the Law
دوره 4 1 شماره
صفحات -
تاریخ انتشار 1976