JUST 550 Lecture Notes - Lecture 3: Wild Beasts, American Law Institute, Durham Rule
Document Summary
Ngri - not guilty by reason of insanity. Retribution they harmed society so we are punishing them. Deterrence threat of punishment should deter those from committing. They are not thinking about society when they commit crimes crimes. Successful extremely hard to win with ngri. Shorter sentences does not produce a shorter sentence. More dangerous not only for violent offenses. At the arm of a policeman would they do the same thing if they were at arm"s length from a policeman? if yes, probably insane. M"naughten vague language about whether they know what they did was. Someone wiping away blood they are aware what they are doing is wrong. An accused is not criminally responsible if his unlawful act was the product of mental disease or defect . Changed way many states interpret m"naughten and ali. Changed from beyond a reasonable doubt to clear and convincing evidence.
