Californian court case
People v. Drew |
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Full case name | The People, Plaintiff and Respondent, v. Ronald Jay Drew, Defendant and Appellant. |
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Citation(s) | 22 Cal. 3d 333; 583 P.2d 1318; 149 Cal. Rptr. 275 |
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The M'Naghten Rules do not adequately identify legal insanity. M'Naghten Rules discarded. Model Penal Code adopted. |
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Chief Justice | Rose Bird |
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Associate Justices | Mathew Tobriner, Stanley Mosk, William P. Clark Jr., Frank K. Richardson, Wiley Manuel, Frank C. Newman |
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Majority | Tobriner, joined by Bird, Newman, Mosk |
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Concurrence | Mosk |
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Dissent | Richardson, joined by Clark, Manuel |
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Overruled by |
California Proposition 8 (1982) |
People v. Drew, 22 Cal. 3d 333 (1978), was a case decided by the California Supreme Court that abandoned the M'Naghten Rules of the criminal insanity defense in favor of the formulation in the Model Penal Code.[1] The decision was later abrogated by Proposition 8 in 1982, which restored the M'Naghten rules.[2]
References
- ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, NY: 2004, p. 593
- ^ The Insanity Defense. Loyola of Los Angeles Law Review, Vol. 36, 1596. 2004.