Legal Question in Criminal Law in Pennsylvania
temporary insanity defense
what are the terms for use of this use in pa? and is it possible to use this defense in pa? what are some of the statistics in pa refering to this plea? just general info. is all i am searching for. school project!!
1 Answer from Attorneys
Re: temporary insanity defense
the actor must not have been able to appreciate the wrongfulness of his conduct. this principle was first enunciated in the McNaughton Rule in merry old England.
i generally only reply to persons with actual legal problems but do not wish to avoid helping a good student like yourself. since you obviously have 'net access, google "McNaughton" and do a boolean for "appreciate wrongful!"
these rules were developed because to be a murderer one must intend the harm which resulted. otherwise the death would appear accidental or negligent rather than intentional.
a child can not muster the requisite intent; neither can a low-IQ person which the law formerly called an imbecile. google terms here include, "mens rea" and "specific intent."
good luck.
TV
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