m of this test is the difficulty, if not the impossibility, of proving the irresistibility of the impulse, which the definition of the test requires. The jury, as I said earlier, has the final decision, and is faced with deciding when the impulse was irresistible and when it was merely unresisted, a task that psychiatrists suggest is impossible to perform. We are also able to argue that the test is one of volition. It is too narrow in that it fails to recognize mental illness characterized by brooding and reflection (Herman 1983;140). The test is misleading in its suggestion that where a crime is committed as a result of emotional disorder due to insanity, it must be sudden and impulsive. The Durham Rule The Durham Rule, also known as the Products Test, is based on the contention that insanity represents many personality factors, all of which may not be present in every case. It was brought about by Judge David Bazelon in the case of Durham v. U.S. who rejected the M'Naghten Rule and stated that the accused is not criminally responsible if the unlawful act was the product of mental disease or defect. The primary problem with this rule of course lies in its meaning. Again it is impossible for us to define mental disease or defect, and product does not give the jury a reliable standard by which to base a decision. It is unnecessary to offer further criticism, for my purpose I believe this attempt fails at it's onset. The Substantial Capacity Test Another test is termed the ...
