![]() This rule, now defunct, provided that a defendant’s criminal behavior may be excused if he was suffering from a mental disease or defect at the time of the offense and the criminal conduct was the product of the mental disease or defect. This test does not require total mental incapacity. to conform his conduct to the requirements of the law.appreciate the “criminality” (or “wrongfulness”) of his conduct or.The Model Penal Code provides that a person is not responsible for his criminal conduct if, at the time of the conduct, as the result of a mental disease or defect, he lacked substantial capacityto: his will was destroyed such that his actions were beyond his control.he was unable to choose between the right and wrong behavior.he acted from an “irresistible and uncontrollable impulse”.Generally speaking, a person is insane if, at the time of the offense: Some jurisdictions have broadened the scope of M’Naghtento include mental illnesses that affect volitional capacity. ![]() This test requires total cognitive disability and does not allow for degrees of incapacity and nor does it recognize volitional incapacity in which a person is aware that conduct is wrong yet cannot control his behavior. Under this rule, a person is insane if, at the time of the criminal act, he was laboring under such a defect of reason, arising from a disease of the mind, that he (1) did not know the nature and quality of the act that he was doing or (2) if he did know it, he did not know that what he was doing was wrong. The M’Naghten rule focuses exclusively on cognitive disability. To establish a defense on the grounds of insanity, it must be clearly proved that, at the time of committing 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 that what he was doing was wrong. The M’NaghtenTest – Colorado Follows the McNaughton Rule Five tests of insanity have been applied at one time or another. “Insanity” is a legal term that presupposes a medical illness or defect but is not synonymous with “mental illness,” “mental disorder,” and “mental disease or defect.” “Mental illness” is a more encompassing term than “insanity,” and thus, a person can be mentally ill – medically speaking – without legally being insane.
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