{"id":13472,"date":"2018-02-09T17:39:32","date_gmt":"2018-02-09T17:39:32","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13472"},"modified":"2018-02-09T18:59:27","modified_gmt":"2018-02-09T18:59:27","slug":"mcnaghten-test-the-right-and-wrong-test-to-determine-a-persons-sanity","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13472","title":{"rendered":"McNaghten Test – the “right and wrong test” to determine a person’s sanity"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Types of Pleas<\/em> and Pleadings<\/em><\/a> >>>> Types of Pleas (criminal law)<\/a> >>>> Not Guilty by Reason of Insanity<\/a> >>>> Insanity<\/a>:
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McNaghten<\/em> rules<\/span>:<\/span>
\n<\/strong>(1917)<\/span><\/p>\n

1. <\/strong>Criminal law<\/em>. The doctrine that a person is not criminally responsible for an act when a mental disability prevented the person from knowing either<\/strong><\/span><\/p>\n

(1) the nature and quality of the act or
\n(2) whether the act was right or wrong.<\/strong><\/span><\/p>\n

The federal courts and most states have adopted this test in some form. McNaghten\u2019s Case, 8 Eng. Rep. 718 (H.L. 1843). \u2014 Also spelled McNaughten rules<\/em><\/span>; M’Naghten rules<\/em><\/span>; M\u2019Naughten rules<\/em><\/span>. <\/strong>\u2014 aka right-and-wrong test<\/em><\/span><\/strong>; right-wrong test<\/em>. [1]<\/span><\/strong><\/span><\/p>\n

M’Naghten Test<\/span> – The right and wrong test of criminal responsibility, the terminology being taken from the title of an English Case.\u00a0 M’Naghten’s Case<\/em>. 10 Clark & F 200, 8 Eng Reprint 718<\/span>.<\/strong><\/span><\/p>\n

right and wrong test<\/span> – A test, applied in determining responsibility for an act otherwise constituting criminal homicide, according to the ability or capacity of the accused to distinguish between right and wrong. 26 Am J1st Homi \u00a7 79<\/span>. <\/strong><\/span><\/p>\n

The test of criminal responsibility of a mentally deficient person according to whether the accused was laboring 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\u00a0know it, that he did not know he was doing what was wrong. 21 Am J2d Crim L \u00a7 33<\/span>. <\/span><\/strong><\/span><\/p>\n

The test of criminal responsibility of an infant according to whether or not he knew that the act constituting the offense was wrongful. 21 Am J2d Crim L \u00a727<\/span>. <\/span><\/strong><\/span><\/p>\n

A matter of moral right and wrong or, according to other authorities, right or wrong within the intendment of law. 21 Am J2d Crim L \u00a7 35<\/span>. <\/span><\/strong><\/span><\/p>\n

A test according to whether the accused knows the difference between right and wrong, can understand his relation to others, and that which others bear to him, and has knowledge of the nature of his act so as to perceive its consequences<\/span> to himself and others. 21 Am J2d Crim L 4<\/span>.<\/strong> [2]<\/span><\/p>\n

\n

M\u2019Naghten rule<\/span> – A test employed in a number of jurisdictions for determining whether a criminal defer\u00bb dant had the capacity to form criminal intent at the time he committed the crime of which he is accused.\u00a0 Specifically, the M\u2019Naghten rule is that an accused is not criminally responsible if he was laboring under such a defect of reason from disease of the mind that he either did not know the nature of his act or, if he did, that he did not know it was wrong.\u00a0 The M’Naghten rule is also referred to as the right and wrong test<\/em><\/span><\/strong>. [3]<\/span><\/p>\n<\/div>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Rollin M. Perkins & Ronald N. Boyce’s Criminal Law<\/em><\/a> (3d ed. 1982):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cFour points stand out and should be understood whenever reference to M\u2019Naghten is made other than in regard to procedure. <\/span><\/strong><\/span><\/p>\n

(1) It applies only in case of a defect of reason, from disease of the mind, and without this the following <\/span><\/strong>do not apply except that \u2018disease\u2019 as so used will be interpreted to include congenital defect or traumatic injury.
\n(2) If, because of this \u2018defect of reason,\u2019 the defendant did not know what he was doing he is not guilty of crime.
\n(3) Even if the defendant knew what he was doing he is not guilty of crime if, because of this \u2018defect of reason,\u2019 he did not know he was doing wrong.
\n(4) If the defendant acted under an insane delusion, and was not otherwise insane, his accountability to the criminal law is the same as if the facts were as they seemed to him to be.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

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References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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