American Law Institute Formulation


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American Law Institute Formulation

 
a section of the American Law Institute Model Penal Code: “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law…the terms ‘mental disease or defect’ do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct [antisocial personality].” This test of criminal responsibility or closely related rules have been adopted by many state and federal jurisdictions.

A·mer·i·can Law In·sti·tute rule

(ă-mĕr'i-kan law in'sti-tūt rūl),
a test of criminal responsibility (1962): "a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he or she lacks substantial capacity either to appreciate the wrongfulness of the conduct or to conform the conduct to the requirements of law." See: criminal insanity.

crim·i·nal in·san·i·ty

in forensic psychiatry, a term that describes the degree of mental competence and that is defined by such currently applicable legal precedents as the Comprehensive Crime Control Act, the American Law Institute rule, Durham rule, M'Naghten rule, and the New Hampshire rule.

American Law Institute Formulation

Section 4,01 of the ALI’s Model Penal Code states that “a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law”. Adopted by the 2nd Circuit US Court of Appeals in 1966 and by the US Court of Appeals for the District of Columbia in 1972 (United States v Brawner).

American Law Institute Formulation

Forensic medicine Section 401 of the ALI's Model Penal Code states that 'a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law' See Temporary insanity.
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