NCJ Number
62201
Journal
California Law Review Volume: 67 Issue: 3 Dated: (MAY 1979) Pages: 706-744
Date Published
1979
Length
39 pages
Annotation
ADOPTION OF A NEW STANDARD FOR CRIMINAL INSANITY BY CALIFORNIA'S SUPREME COURT, THROUGH PEOPLE V. DREW, IS DISCUSSED IN THIS LAW JOURNAL ARTICLE.
Abstract
THE NEW AMERICAN LAW INSTITUTE (ALI) TEST ADOPTED BY THE CALIFORNIA SUPREME COURT INQUIRES INTO THE FULL RANGE OF A DEFENDANT'S EMOTIONAL, COGNITIVE, AND VOLITIONAL CAPACITIES AND RELIEVES FROM CRIMINAL RESPONSIBILITY THOSE LACKING SUBSTANTIAL CAPACITY TO TELL RIGHT FROM WRONG. THE NATURE AND PURPOSE OF THE INSANITY DEFENSE ARE DISCUSSED--A DEFENDANT'S INSANITY IS SAID TO DENY WRONGFUL INTENT, THE ONLY PROPERLY PUNISHABLE MOTIVE FOR A PROSCRIBED ACT. MAJOR CRITICISMS OF THE OLD CALIFORNIA INSANITY TEST, THE M'NAGHTEN TEST, ARE SURVEYED. MODERN MEDICAL SCIENCE SUGGESTS THAT HUMAN BEHAVIOR IS EXTREMELY COMPLEX; A SIMPLE COGNITIVE TEST DOES NOT COVER THOSE WHO KNOW THE DIFFERENCE BETWEEN RIGHT AND WRONG BUT ARE UNABLE TO CONTROL THEIR BEHAVIOR. CALIFORNIA EXPERIENCE WITH M'NAGHTEN IS DISCUSSED, AND SUPREME COURT REFORM ATTEMPTS HAVE INCLUDED A LIBERALIZED M'NAGHTEN TEST AND APPLICATION OF THE DIMINISHED CAPACITY DOCTRINE (WHICH PROVIDES THAT EVIDENCE OF MENTAL ABNORMALITY RESULTING FROM MENTAL DISEASE, MENTAL DEFECT, OR INTOXICATION IS ADMISSIBLE TO SHOW THE DEFENDANT LACKED A MENTAL STATE ESSENTIAL TO OFFENSE). THE COURT'S OPINION ON INSANITY TESTS IN PEOPLE V. DREW IS ANALYZED, AND ISSUES LEFT UNDECIDED BY THE ADOPTION OF THE ALI TEST ARE HIGHLIGHTED. IT IS ARGUED THAT ADOPTION OF THE ALI TEST HAS LEFT INSANITY CRIMINAL LAW IN A STATE OF DOCTRINAL CONFUSION IN CALIFORNIA. FOOTNOTES ARE INCLUDED. (PAP)