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" ... mental disease or defect for the jury's purpose in determining criminal responsibility. Consequently, for that purpose the jury should be told that a mental disease or defect includes any abnormal condition of the mind which substantially affects... "
Working Papers of the National Commission on Reform of Federal Criminal Laws ... - Halaman 228
oleh United States. National Commission on Reform of Federal Criminal Laws - 1970
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Hearings

United States. Congress. Senate. Committee on the District of Columbia - 1964 - 1384 halaman
...curiam is the definition of "disease and defect." This is on page 7. Consequently, for that purpose the jury should be told that a mental disease or defect...mental or emotional processes and substantially Impairs behavioral control. Now, that is as far as the court has gone in that regard. I personally prefer the...
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Hearings, Reports and Prints of the Senate Committee on the District of Columbia

United States. Congress. Senate. Committee on the District of Columbia - 1964 - 850 halaman
...clarify the meaning of the phrase "mental disease or defect." In the McDonald case, the court said that "the jury should be told that a mental disease or defect includes nuy abnormal condition of the mind which substantially affects mental or emotional processes and substantially...
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Mallory and Durham Rules: Investigative Arrests and Amendments to Criminal ...

United States. Congress. Senate. District of Columbia - 1964 - 860 halaman
...clarify the meaning of thf "mental disease or defect." In the McDonald case, the court said that "I should be told that a mental disease or defect includes any abnormal ci of the mind which substantially affects mental or emotional processes H stantially impairs behavior...
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Crime in the District of Columbia: Hearings, Eighty-ninth Congress, First ...

United States. Congress. Senate. Committee on the District of Columbia - 1965 - 556 halaman
...District of Columbia sitting en bane remedies the difficulties with the Durham, rule. McDonald provides "that a mental disease or defect includes any abnormal...processes and substantially impairs behavior controls" (p. 851). However, this standard, while shedding some light on the problem of what constitutes a mental...
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Report

United States. President's Commission on Crime in the District of Columbia - 1966 - 1100 halaman
...most, importantly, the court set forth an additional definition of "mental disease or defect," namely, "a mental disease or defect includes any abnormal...emotional processes and substantially impairs behavior controls."41 Thus, in McDonald, the trial courts were given some guidelines as to how much evidence...
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The Insanity Defense

Abraham S. Goldstein - 1967 - 304 halaman
...is bound by ad hoc definitions or conclusions as to what experts state is a disease or defect. . . . The jury should be told that a mental disease or defect...processes and substantially impairs behavior controls. The jury would consider testimony concerning the development, adaptation and functioning of these processes...
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District of Columbia Anticrime Legislation--1967: Hearings Before the ...

United States. Congress. Senate. District of Columbia - 1967 - 612 halaman
...following supplemental instruction to be given the jury in connection with the Durham insanity charge: "A mental disease or defect includes any abnormal...mind which substantially affects mental or emotional process and substantially impairs behavior control." In addition to providing a definition of the terms...
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Reform of the Federal Criminal Laws: Hearings, Ninety-second Congress, First ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 412 halaman
...issues of moral blameworthiness and criminal responsibility. Thus in Ernest McDonald's case,13 we held that a "mental disease or defect includes any abnormal...mental or emotional processes and substantially impairs behavioral controls." While this functional definition of mental disease or defect made a valiant attempt...
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Reform of the Federal Criminal Laws: Hearings, Ninety-second Congress, First ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 1044 halaman
...the "product" of mental disease or defect (Durham v. United States, 214 F.2d 862 (1954)), defined as "any abnormal condition of the mind which substantially...processes and substantially impairs behavior controls" (McDonald v. United States, 312 F.2d 847, 851 (1962) ). In the Third Circuit emphasis has been placed...
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Final Report: a Proposed New Federal Criminal Code (title 18, United States ...

United States. National Commission on Reform of Federal Criminal Laws - 1971 - 398 halaman
...the "product" of mental disease or defect (Durham v. United States., 214 F.2d 862 (1954)), defined as "any abnormal condition of the mind which substantially...processes and substantially impairs behavior controls" (McDonald v. United States, 312 F.2d 847, 851 (1962) ). In the Third Circuit emphasis has been placed...
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