"MCNAUGHTON RULE"/ RULE FOR INSANITY

""McNaughton RULE" ORIGINATED IN 1843 WITH THE CASE OF ENGLISHMEN DAVID
"McNaughton WHO SHOT AND KILLED THE BRITISH PRIME MINISTER. HE WAS
AQUITTED BY REASON OF INSANITY AND SPENT HIS LIFE IN A MENTAL
INSTITUTE. QUEEN VICTORIA ORDERED A STRICTER SANITY TEST. IN 1970 SOME
STATES DID BROADEN THEIR STANDARDS OF "McNaughton RULE . NEW RULE FOR
INSANITY DEVELOPED BY A PANEL OF EXPERTS CALLED THE AMERICAN LAW
INSTITUTE. THE MODEL PENAL CODE CONSIDERS A DEFENDANT NOT RESPONSIBLE
FOR CRIMINAL CONDUCT WHEN, AS A RESULT OF MENTAL DISEASE OR DEFECT HE
OR SHE LACKS SUBSTANTIAL CAPACITY EITHER TO APPRECIATE THE CRIMANALITY
OF HIS CONDUCT OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF THE LAW.

FOLLOWING
THE SUCCESSFUL INSANITY PLEA DEFENSE OF JOHN HINKLEY THE CIVIC BACKLASH
WAS SO STRONG THAT CONGRESS PASSED THE 1984 FEDERAL COMPREHENSIVE CRIME
CONTROL ACT, REQUIRING THE DEFENDANT TO PROVE THAT AT THE TIME OF HIS
OR HER CRIME THE DEFENDANT, AS RESULT OF SEVERE MENTAL DISEASE OR
DEFECT WAS UNABLE TO APPRECIATE THE NATURE AND QUALITY OF THE
WRONGFULNESS OF HIS ACTS. MORE THAN HALF OF ALL THE STATES RETURNED TO
THE "McNaughton RULE". IN FACT THE WORDING OF THE CURRENT STATUE IS
STRICTER THAN THE ONE FROM 1843.