State v. Pike

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State v. Pike, 49 N.h. 399 (1869), is a criminal case which articulated a product test for an insanity defense. [1] The court in Durham v. United States used it as the basis for what came to be known as the Durham rule. [1]

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The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themself or to others.

<span class="mw-page-title-main">M'Naghten rules</span> Guideline governing legal pleas of insanity

The M'Naghten rule is any variant of the 1840s jury instruction in a criminal case when there is a defence of insanity:

that every man is to be presumed to be sane, and ... that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring 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 he was doing what was wrong.

Sanity refers to the soundness, rationality, and health of the human mind, as opposed to insanity. A person is sane if they are rational. In modern society, the term has become exclusively synonymous with compos mentis, in contrast with non compos mentis, or insanity, meaning troubled conscience. A sane mind is nowadays considered healthy both from its analytical - once called rational - and emotional aspects. According to the writer G. K. Chesterton, sanity involves wholeness, whereas insanity implies narrowness and brokenness.

Durham most commonly refers to:

<span class="mw-page-title-main">Insanity</span> Abnormal mental or behavioral patterns

Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to other people. Conceptually, mental insanity also is associated with the biological phenomenon of contagion as in the case of copycat suicides. In contemporary usage, the term insanity is an informal, un-scientific term denoting "mental instability"; thus, the term insanity defense is the legal definition of mental instability. In medicine, the general term psychosis is used to include the presence of delusions and/or hallucinations in a patient; and psychiatric illness is "psychopathology", not mental insanity.

In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.

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John Warnock Hinckley Jr. is an American man who attempted to assassinate U.S. President Ronald Reagan in Washington, D.C., on March 30, 1981, two months after Reagan's first inauguration. Using a .22 caliber revolver, Hinckley wounded Reagan; police officer Thomas Delahanty; Secret Service agent Tim McCarthy; and White House Press Secretary James Brady, who was left permanently disabled and eventually died due to the extent of his injuries. Hinckley was reportedly seeking fame to impress actress Jodie Foster, with whom he had a fixation. He was found not guilty by reason of insanity and remained under institutional psychiatric care for over three decades. Public outcry over the verdict led state legislatures and Congress to narrow their respective insanity defenses.

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Forensic psychiatry is a subspeciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. According to the American Academy of Psychiatry and the Law, it is defined as "a subspecialty of psychiatry in which scientific and clinical expertise is applied in legal contexts involving civil, criminal, correctional, regulatory, or legislative matters, and in specialized clinical consultations in areas such as risk assessment or employment." A forensic psychiatrist provides services – such as determination of competency to stand trial – to a court of law to facilitate the adjudicative process and provide treatment, such as medications and psychotherapy, to criminals.

A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include State v. Pike (1869) and Durham v. United States (1954). In Pike, the court wrote, "An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."

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<i>United States v. Brawner</i> 1972 Supreme Court case on insanity pleas

United States v. Brawner, 471 F.2d 969, is decision by the United States Court of Appeals for the District of Columbia Circuit in which the Court held that a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, he lacked substantial capacity either to appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

Durham v. United States, 214 F.2d 862, is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity: "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."

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Kahler v. Kansas, 589 U.S. ___ (2020), is a case of the United States Supreme Court in which the justices ruled that the Eighth and Fourteenth Amendments of the United States Constitution do not require that states adopt the insanity defense in criminal cases that are based on the defendant's ability to recognize right from wrong. It was argued on October 7, 2019 and decided on March 23, 2020.

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References

  1. 1 2 Insanity, 2 Encyclopedia of Crime and Justice 736-40 (1983); Abraham Goldstein