...instructed on the basis of the Durham rule or the ALI rule, or both. The Durham rule is that an accused is not criminally responsible if his unlawful act was the product of a mental disease or defect. The court rejected the Durham rule because it considered the terms "disease" and "product"...

...Columbia case : 5e In Durham v. United States, we announced a new test for insanity: 'An accused is not criminally responsible if his unlawful act was the product of a mental disease or defect.' We intended to widen the range of expert testimony in order to enable the jury 'to consider...

...demonstrative form of insanity. The Court went on to suggest an additional test : ". . . an accused is not criminally responsible if his unlawful act was the product of a mental disease or defect." " This test was a considerable departure from earlier tests, in that it now made possible...

...demonstrative form of insanity. The Court went on to suggest an additional test : ". . . an accused is not criminally responsible if his unlawful act was the product of a mental disease or defect." " This test was a considerable departure from earlier tests, in that it now made possible...

...(DC Cir. 1954). ^McDonald v. United States, 312 F.2d S47 (DC Cir. 1962). CRIMINAL RESPONSIBILITY 437 responsible if his unlawful act was the product of a mental disease or defect (which was defined to include any abnormal condition of the mind) which substantially affected...

...Chief Judge Bazelon, joined in by Judges Edgerton and Washington, adopted the rule that: "An accused is not criminally responsible if his unlawful act was the product of a mental disease or mental defect." 214 F.2d at 874-875.-1 From 1954 to date, Durham has been one of the most discussed and written...

...See id. at 869. 25. New Hampshire's test was described in New Hampshire v. Pike, 49 NH 399 (1869). INSANITY DEFENSE 1061 not criminally responsible if...Hampshire,29 and the United States District Court for the District of Columbia.30 The purpose of the rule was to permit psychiatric testimony on a broad range...

...Appeals for the District of Columbia, authored an opinion setting forth the rule that a defendant is not criminally responsible "if his unlawful act was the product of a mental disease or defect." While this rule remedied many of the difficulties of the oversimplified M'Naghten test, it...

...departed significantly from M'Naghteit in adopting what became known as the Durham test: "an accused is not criminally responsible if his unlawful act was the product of a mental disease or defect." Durham v. US, 214 F.2d 862, 874 (DC Cir. 1954). The Durham court found the traditional right-wrong...

...an opinion by Judge Bazelon, the court held that (1) the test of insanity was that an a ccused was not criminally responsible if his unlawful act was the product of a mental disease or defect, 12) mental illness included uny abnormal condition of the mind which substantially affected...