To Kill a Mockingbird: Stare Decisis and M'Naghten in Maryland

10 Pages Posted: 25 Jul 2008 Last revised: 15 Aug 2008

See all articles by Kenneth Lasson

Kenneth Lasson

University of Baltimore - School of Law

Date Written: 1966

Abstract

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know that what he was doing was wrong."

Keywords: criminal law, insanity defense, M'Naghten Rule

JEL Classification: K14, K41

Suggested Citation

Lasson, Kenneth, To Kill a Mockingbird: Stare Decisis and M'Naghten in Maryland (1966). Maryland Law Review, Vol. 26, No. 2, 1966, Available at SSRN: https://ssrn.com/abstract=1166893

Kenneth Lasson (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

HOME PAGE: http://law.ubalt.edu/template.cfm?page=590

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