Topic > Death by Instability: Perry Smith - 770

On the definition of criminally insane, the M'naghten rules were the common testing method used to determine insanity. These rules were established in Britain after the Daniel M'naghten case of 1843, in which he killed the prime minister's secretary in an attempt to kill the prime minister himself, Edward Drummond. The M'naghten rules provide a general set of questions to discern the defendant's sanity and are: "Was the defendant aware of what he was doing?" and, if the answer is yes, “do they realize that what they did was unjust?” But these rules concern more the physical than the moral quality of the act. In many cases, patients may recognize their crime as nefarious, but remain apathetic. In questioning the M'naghten rules, the Durham rules, constructed in the case of Durham v. US, recognize the moral aspect regarding crime. They proposed that as long as the accused can be shown to have committed the act as causing mental disease/defect, they are not criminally liable. This is what should have happened in the Perry Smith trial. Indeed, Perry Smith's mental instability should have provided substantial justification for the mitigation of the charges against him. However, due to the use of M'naghten's rules in his trial, Perry Smith was held fully responsible, criminally and mentally, and sentenced to execution by hanging. Perry Smith described his life in detail, writing an autobiographical statement to Dr. Jones, his psychiatrist (Capete 273). In this statement, Perry discusses many events in his life that certainly contributed to his subsequent demise. This included: beatings by his father, a divorce, an alcoholic mother, houses of detention,...... middle of paper......ase=1244686235948852364Capote, Truman. "IV: The Corner." In cold blood. Boston, MA: G. K. Hall, 1993. 273-76. Print.Capete, Truman. "IV: The Corner." In cold blood. Boston, MA: G. K. Hall, 1993. 290-91. Print.Capete, Truman. "IV: The Corner." In cold blood. Boston, MA: G. K. Hall, 1993. 296-98. Print.Child Welfare Information Gateway. (2013). Long-term consequences of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Bureau of Children. https://www.childwelfare.gov/pubs/factsheets/long_term_consequences.pdf#page=4&view=Psychological Consequences"Does child abuse cause crime?" Does child abuse cause crime? Np, nd Web. 06 December 2013. http://www.nber.org/digest/jan07/w12171.html"“WRONG” IN M'NAUGHTEN'S RULES." -Morris. Np, nd Web. 8 December 2013. http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.1953.tb02133.x/abstract