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McNaghten rules - translation to russian
[mək'nɔ:tn,ru:lz]
общая лексика
"правила Макнотена" (критерий невменяемости обвиняемого по уголовному делу. Принят в 1843; согласно ему для признания невменяемым нужно, чтобы обвиняемый не сознавал, что он делает, или не понимал преступности своего действия)
по имени обвиняемого по делу об убийстве секретаря премьер-министра
общая лексика
полет по приборам
Definition
Wikipedia
The M'Naghten rule (pronounced, and sometimes spelled, McNaughton) is any variant of the 1840s jury instruction in a criminal case when there is a defence of insanity:
that every man is to be presumed to be sane, and ... that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.: 632
The rule was formulated as a reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as UK Prime Minister Robert Peel, who was the intended target. The House of Lords asked a panel of judges, presided over by Sir Nicolas Conyngham Tindal, Chief Justice of the Common Pleas, a series of hypothetical questions about the defence of insanity. The principles expounded by this panel have come to be known as the "M'Naghten Rules", though they have gained any status only by usage in the common law and M'Naghten himself would have been found guilty if they had been applied at his trial.
The rules so formulated as M'Naghten's Case 1843 10 C & F 200 have been a standard test for criminal liability in relation to mentally disordered defendants in common law jurisdictions ever since, with some minor adjustments. When the tests set out by the Rules are satisfied, the accused may be adjudged "not guilty by reason of insanity" or "guilty but insane" and the sentence may be a mandatory or discretionary (but usually indeterminate) period of treatment in a secure hospital facility, or otherwise at the discretion of the court (depending on the country and the offence charged) instead of a punitive disposal.
The insanity defence is recognized in Australia, Canada, England and Wales, Hong Kong, India, the Republic of Ireland, New Zealand, Norway and most U.S. states with the exception of Idaho, Kansas, Montana, Utah, and Vermont but not all of these jurisdictions still use the M'Naghten Rules. States that disallow the insanity defence still allow defendants to demonstrate that they are not capable of forming intent to commit a crime as a result of mental illness.
