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Durham Rule

Definition

The 1954 US Court of Appeals (DC Circuit) product test: an accused is not criminally responsible if the unlawful act was the product of mental disease or defect. Retired in 1972 in US v. Brawner.

Established
1954, US Court of Appeals, DC Circuit
Test
Unlawful act was the product of mental disease or defect
Retired
1972, in US v. Brawner
Jurisdiction
United States

Common questions

Why was the Durham rule eventually abandoned?+

Courts found the product test too broad and difficult to apply consistently, since almost any act could be argued as a product of some mental condition, giving psychiatric witnesses excessive influence over what was ultimately a legal, not medical, determination of responsibility.

How does the Durham rule differ from the M'Naghten test it was meant to improve on?+

M'Naghten asks narrowly whether the accused knew the nature of the act or that it was wrong, while Durham asked more broadly whether the act was a product of mental disease, without requiring a specific cognitive impairment, which is what made it harder to apply predictably in court.

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