Table : TABLE 16.2 • Tests for the Insanity Defense Used Over Time
TestLegal standard
M’Naghten (1843)“Didn’t know what he or she was doing or didn’t know it was wrong”
Irresistible impulse (1886)“Could not control conduct”
Durham (1954)“Criminal act was caused by mental illness”
American Legal Institute (ALI; 1962)“Lacks substantial capacity to appreciate the wrongfulness of the conduct or to control it” [emphasis added]
Present federal law (1984 and 1988)“Lacks capacity to appreciate the wrongfulness of his or her conduct”
Source: Meyer & Weaver, 2006, p. 123, which was adapted in part from Morris, 1986.