tag:blogger.com,1999:blog-26666124.post4195529730706103964..comments2024-03-18T03:28:36.581-04:00Comments on Shrink Rap: Pick Your Insanity TestUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-26666124.post-89418002950149007622013-01-15T21:55:20.964-05:002013-01-15T21:55:20.964-05:00Many states still use the McNaughton standard or a...Many states still use the McNaughton standard or a variation of it. The ALI test is also derived from McNaughton, with the term "criminality" substituted for "wrongfulness." Some states require only "knowledge" of criminality while others require "appreciation" of criminality. It's the difference between a cognitive understand of a fact ("murder is a crime") versus a moral or ethical judgment ("it's OK to murder if it will save the world"). The volitional prong was added to address situations like mania, where cognition and appreciation remains intact but a manic drive overcomes the person's will ("I know it's wrong but I can't help it!"). Volitional loss of control is a lot harder to prove than cognitive disability. How do you distinguish between an irresistible impulse and an unresisted impulse? So far I don't think I've seen a successful case (or maybe one in 20 years) based on the volitional test alone.ClinkShrinkhttps://www.blogger.com/profile/13316134491751195651noreply@blogger.comtag:blogger.com,1999:blog-26666124.post-72771811335901175562013-01-13T13:19:30.764-05:002013-01-13T13:19:30.764-05:00This is so interesting. Could you explain, Clink, ...This is so interesting. Could you explain, Clink, what types of cases led people to want to change the McNaughton standard? Why was being unable to follow the law added by the ALI, rather than leaving it as understanding the criminality and that it is wrong? There must have been important cases that struck people as not fitting into the McNaughton standard.<br /><br />Thanks - this is indeed an interesting subject that is opaque to most of us.jessehttps://www.blogger.com/profile/11077223398907532291noreply@blogger.com