What is the Durham test?

A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease.

What is the Durham rule and why was it important?

The Durham rule states "that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect." The implementation of this test was initially seen as a progressive development.

Where is the Durham test used?

The four main types of tests are the M'Naghten Rule, the Irresistible Impulse Test, the Model Penal Code Test, and the Durham Rule. This article discusses the Durham Rule, which is currently only used in the state of New Hampshire.

How does the Durham test work?

a 1954 ruling by the U.S. Court of Appeals in a case involving a defendant named Durham. It stated that “an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.” This rule has been replaced by the American Law Institute Model Penal Code insanity test.

Why was the Durham rule criticized?

The test was criticized because the Circuit Court has provided no real definitions of “product,” “mental disease,” or “de-fect.” Because the Durham Rule proved very difficult to apply, the Circuit Court abandoned it in 1972.

What is DURHAM RULE? What does DURHAM RULE mean? DURHAM RULE meaning, definition

What is Durham rule of insanity?

The Durham defence is also known as the “Durham rule,” or the “product test” was established in the case of, Durham v. United States (1954), the defendant was guilty of breaking into a house and demanded the plea of insanity in his defence.

What is the difference between the M Naghten rule and Durham rule?

the Mc Naughtan Rule with the Durham Rule : Compare and Contrast Differences: Mc Naughtan Rule Durham Rule The M'Naghten insanity defense is cognitive and focuses on the defendant's awareness The Durham rule focuses on the defendant's ability to control conduct.

What gas is most likely trapped in the Durham tube?

The end product of glycolysis is pyruvate. Organisms that are capable of converting pyruvate to formic acid and formic acid to H2(g) and CO2 (g), via the action of the enzyme formic hydrogen lyase, emit gas. This gas is trapped in the Durham tube and appears as a bubble at the top of the tube.

What color is a positive lactose test?

Positive test result: Tubes must be lemon yellow to be considered positive for lactose or sucrose fermentation. Positive tests are recorded with an “A” for acid. Negative test result: Orange or red are considered negative for sugar fermentation.

Is claiming insanity a loophole for criminals UK?

In criminal justice system the insanity defence is generally taken as an excuse rather being a justification of facts and the crime. Hence, it is used as a loophole in the judicial system in order to escape from the punishment during the trial.

What can a person who is found to be guilty but also mentally ill expect?

The current trend in legislation and treatment regarding people who commit sex crimes and are also mentally ill is to: require both punishment for the crime and treatment. What can a person who is found to be guilty but also mentally ill expect? A prison term with the recommendation for treatment.

What is Mcnaughton rules?

Under the M'Naghten rule, a criminal defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that ...

What happens when you plead insanity?

If you successfully plead the insanity defense, then you will not receive the normal jail/prison sentence for your crime. Instead, you will be committed to a state mental hospital. There are two reasons for commitment: to rehabilitate and treat the defendant, and.

What is the ALI test for insanity?

ALI test is a test established by the American Law Institute Model Penal Code which provides that a defendant would not be criminally responsible for conduct if "as a result of mental disease or defect, he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the ...

What was one concern with regard to the application of the Durham rule in the 1950s?

The Durham rule proved vague and difficult to apply, however, and many were concerned that the broad definition would exonerate far more defendants than ever before.

Is E coli lactose positive or negative?

E. coli are facultative anaerobic, Gram-negative bacilli that will ferment lactose to produce hydrogen sulfide.

What does a positive lactose fermentation test mean?

An inoculum from a pure culture is transferred aseptically to a sterile tube of phenol red lactose broth. The inoculated tube is incubated at 35-37 C for 24 hours and the results are determined. A positive test consists of a color change from red to yellow, indicating a pH change to acidic.

What is the purpose of a lactose fermentation test?

It tests for organisms' abilities to ferment glucose and lactose to acid and acid plus gas end products. It also allows for identification of sulfur reducers.

Which products of fermentation are detected by using the Durham tube?

The Durham tube is used to detect gas produced as a byproduct of fermentation. As gas forms, a bubble will appear in the tube.

What is the purpose of the inclusion of a Durham tube in differential culture media?

What is the purpose of the inclusion of a Durham tube in differential culture media? To visualize the production of gas during growth.

What is the function of the Durham tube in the fermentation tube?

The function of a Durham tube is to help identify the production of gas, such as in a fermentation reaction.

What can you say about in Durham case that the court said the accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect?

The rule, as stated in the court's decision, held that "an accused is not criminally responsible if his unlawful act was the product of mental disease." It required a jury's determination that the accused was suffering from a mental disease and that there was a causal relationship between the disease and the act.

How does the M Naghten test work?

The M'Naghten rule requires that, should a person who commits a crime be unable to recognize that the crime is morally or legally wrong due to mental disease or mental defect, they should be found not guilty by reason of insanity.

How often does the insanity defense work?

In reality, however, various criminal studies have established that only about one percent of all felony cases in the United States involve use of the insanity defense. Moreover, even when the defense is asserted, it is successful in only about 30 cases every year.