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They are the M'Naghten rule (knowledge of right versus wrong), the Durham rule (product of mental disease or defect), and the Brawner rule (lacks substantial capacity to appreciate wrongfulness and conform conduct). There are differences of opinion about how conservative or liberal the law should be, who should make the decision about whether a defendant is insane, how we should assess temporary insanity after the fact, and whether a person should be considered sane until proven insane or vice versa...
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There are differences of opinion about how conservative or liberal the law should be, who should make the decision about whether a defendant is insane, how we should assess temporary insanity after the fact, and whether a person should be considered sane until proven insane or vice versa. The Insanity Defense Reform Act of 1984, signed into law on October 12, 1984, was the first comprehensive Federal legislation governing the insanity defense and the disposition of individuals suffering from a mental disease or defect who are involved in the criminal justice system...
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