January 30, 2011

Lougner's Insanity Defense

[From article]
Loughner's lawyer "is required by law to give notice if she intends to raise an insanity defense, but has not given public indication of her plans.
[. . .]
the M'Naghten Rule still anchors its current form, focusing on whether, "as a result of a severe mental disease or defect," the accused "was unable to appreciate the nature and quality or the wrongfulness of his acts." "Wrongfulness" in this context does not mean contrary to any penal law—actual knowledge of the law may be relevant but it does not determine the outcome. As one court put it, "wrongfulness for purposes of the federal insanity defense statute is defined by reference to objective societal or public standards of moral wrongfulness."
[. . .]
Today, with a delusional disorder defense the right versus wrong test is not whether the defendant believed he was justified based on his delusional view of reality, but whether society would objectively judge his actions as an appropriate response to his delusions.
[. . .]
Insanity and the ability to act in a calculated manner are not mutually exclusive."

http://www.thedailybeast.com/blogs-and-stories/2011-01-29/is-jared-loughner-crazy-evaluating-the-insanity-defense/

Is Jared Loughner Crazy?
by Gerald L. Shargel
Daily Beast
January 29, 2011

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