1999) (providing the following definition of appreciate: "to understand the significance or meaning of"); see also HERBERT FINGARETTE, THE MEANING OF CRIMINAL INSANITY 148 (1972) ("Hence, there is near universal agreement that if the M'Naghten
criterion is to have any relevance, 'know' must be interpreted more broadly than mere ability to give a verbally correct answer."); MODEL PENAL CODE, supra note 173, [section] 4.01 cmt., at 169 ("The use of 'appreciate' rather than 'know' conveys a broader sense of understanding than simple cognition.").
An analogy may be drawn with the term 'disease of the mind' under the M'Naghten
But in the form this argument takes, this is just the sort of "jump-shift" jurors are asked to make in insanity cases, where they are asked, in using the M'Naghten
rule, for example, to judge the defendant's delusions from the defendant's point of view, "as if" they were true.
(35.) The Durham test freed the jury to determine if behavior was the product of mental illness, rather than focusing on the rigid M'Naghten
The famous M'Naghten
Rule, for example, centers around the defendant's ability to discern the difference between right and wrong and does not allow for consideration of an inability to control one's behavior.(47)
The first generally accepted definition was the M'Naghten
test announced by the English House of Lords.
Self-defense acknowledges that the crime occurred, i.e., the defendant committed the act, but further acknowledges that in some way the defendant's behavior was excused because his actions were justified.(22) A successful insanity plea acknowledges that the criminal act occurred, but the insanity defense holds that the accused is not criminally responsible due to his mental state.(23) There are several different legal tests to determine when and whether the insanity defense should apply including the M'Naghten
rule,(24) the "irresistible impulse" test,(25) the Durham "product" test,(26) and the American Law Institute (ALI) "substantial capacity" test.(27) The ALI test is most commonly employed to determine insanity.(28)
The examples of Daniel M'Naghten
and Andrea Yates will help
Section 4241's reference to a defendant suffering "from a mental disease or defect" bears similarity to aspects of the M'Naghten
test for insanity.
have been adopted in the United States, namely the M'Naghten
recognizable version of the M'Naghten
test with both its cognitive
Unlike the M'Naghten
rule that has a very stringent legal definition and negates the mens rea of murder, the diminished responsibility plea can be successful even if the defendant has an established mens rea of murder.