SUPREME COURT CONSIDERING NATIONAL STANDARD FOR INSANITY

INSANITY

A case in Arizona has the Supreme Court for the first time considering a national guideline for an insanity defense. The first insanity defense was used in 1843 when
Daniel M'Naghten tried to assassinate a British Prime Minister. "M'Naghten Rule" states that a person is insane if the person is unable to appreciate the severity of his acts due to mental delusions.

This was the standard until the 1950s and the case of Durham vs The United States. The Court ruled that the person was legally insane if the person couldn't appreciate their acts due to mental disease or defect.

A middle ground was attempted when The Model Penal Code was published by the American Law Institute. Under this guideline the person is legally insane "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." By this standard John Hinckley was found insane in his attempt to assassinate President Reagan in 1981. Because of the Hinckley case, most states reverted back to the M'Naghten Rule. But there is no standard across the board, each state has its own definition of insanity and the Supreme Court is hoping to remedy this.

LAWS