Английская Википедия:Durham v. United States (1954)

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Шаблон:Short description Шаблон:Use mdy dates Шаблон:More citations needed Шаблон:Infobox U.S. Courts of Appeals case Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954),[1] is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity: "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."[2][3]Шаблон:Rp

It was to enable psychiatrists to "inform the jury of the character of [the defendant's mental disease" so that a jury could be "guided by wider horizons of knowledge concerning mental life"[4] so that juries could make determinations based on expert testimony about the disease.[5] It was patterned on State v. Pike.[6][5] It was adopted by only two states, for a short time but is still influential on debate over legal insanity.[5] The decision was criticized for leaving a jury with no standard to judge impairment of reason or control, for not defining mental disease, and for leaving the jury dependent on expert testimony.[5]

References

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External links


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  1. Durham v. United States, Шаблон:Cite court
  2. Durham, 214 F.2d at 874-75.
  3. Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, Шаблон:ISBN, [1]
  4. Durham, 214 F.2d at 876.
  5. 5,0 5,1 5,2 5,3 Insanity, Encyclopedia of Crime and Justice, 1983; Abraham Goldstein; pp736-40
  6. Шаблон:Cite court