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anti insanity defense

, also known as the right-wrong test, arose in 1843 during the trial of Daniel M'Naghten who argued that he was not criminally responsible for his actions because he suffered from delusions at the time of the killing. The M'Naghten Rule reads: A defendant may be excused from criminal responsibility if at the time of the commission of the act the party accused was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and the quality of the act he was doing, or if he did know it, that he did not know that he was doing what was wrong. Thus, according to the rule, a person is basically insane if he or she is unable to distinguish between right and wrong as a result of some mental disability. Criticism of the M'Naghten Rule has come from both legal and medical professions. Many criticize that the test is unsound in its view of human psychology. Psychiatry, it is argued, views the human personality as an integrated entity, not divisible into separate compartments of reason, emotion, or volition (Herman, 1983;138). Additionally, the test is criticized for defining responsibility solely in terms of cognition. While cognitive symptoms may reveal disorder, they alone are not sufficient to give an adequate picture of such a disorder or determine responsibility. Also, it has been shown that individuals deemed insane by psychologists have possessed the ability to differentiate right from wrong. I believe that the major weakness of this test, however, lies ...

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