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NEW JERSEY INSANITY DEFENSE, PRESENT AND PROPOSED, PART 1

NCJ Number
25282
Journal
Criminal Justice Quarterly Volume: 1 Issue: 4 Dated: (FALL 1973) Pages: 214-223
Author(s)
H A COHEN
Date Published
1973
Length
10 pages
Annotation
A DISCUSSION OF THE PRESENT DEFENSE OF INSANITY IN NEW JERSEY INCLUDING ITS ORIGINS, UNDERLYING ASSUMPTIONS, APPLICATIONS AND MOST SIGNIFICANT CRITICISMS.
Abstract
NEW JERSEY'S INSANITY DEFENSE IS BASED ON THE M'NAGHTEN RULE DEVELOPED BY THE ENGLISH HOUSE OF LORDS IN 1843, UNDER WHICH NO ISSUE OF INSANITY IS PRESENTED TO THE JURY UNLESS THE DEFENDANT HAS INTRODUCED SUBSTANTIAL EVIDENCE OF INSANITY, WHICH THEN ENTITLES HIM TO THE M'NAGHTEN JURY INSTRUCTION. SOME OF THE KEY PHRASES OF THE M'NAGHTEN TEST ARE EXAMINED IN DEPTH. SEE NCJ-025278 FOR SECOND ARTICLE IN SERIES.

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