| 词条 | Durham v. United States (1954) |
| 释义 |
|Litigants=Durham v. United States |Court=United States Court of Appeals for the District of Columbia Circuit |CourtSeal= |ArgueDate=March 19, |ArgueYear=1954 |DecideDate=July 1, |DecideYear=1954 |FullName=Monte Durham v. United States |Citations=214 F.2d [https://law.justia.com/cases/federal/appellate-courts/F2/214/862/314341/ 862]; 94 U.S. App. D.C. 228; 45 A.L.R. 2d 1430 |Prior= |Subsequent=Petition for rehearing en banc denied, September 10, 1954 |Holding= |Judges=Henry White Edgerton, David L. Bazelon, George Thomas Washington |Majority=Bazelon |JoinMajority=a unanimous court |LawsApplied= |keywords= {{hlist | Insanity defense}} }}Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954),[1] is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity, that "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect".[2][3]{{rp|}} It was to enable psychiatrists to "inform the jury of the character of [the defendant's mental disease" so that a jury could be "guided by wider horizons of knowledge concerning mental life";.[4] so that juries could make determinations based on expert testimony about the disease.[5] It was patterned on State v. Pike.[6][5] It was adopted by only two states, for a short time, but has and continues to be influential on debate over legal insanity.[5] The decision was criticized for leaving a jury with no standard to judge impairment of reason or control, did not define mental disease, and left the jury dependent on expert testimony.[5] References1. ^Durham v. United States, {{cite court |vol=214 |reporter=F.2d |opinion=862 |pinpoint= |court=D.C. Cir. |date=1954 |url=https://law.justia.com/cases/federal/appellate-courts/F2/214/862/314341/ |accessdate=2018-06-16 |quote=}} 2. ^Durham, 214 F.2d at 874-75. 3. ^Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, {{ISBN|978-1-4548-0698-1}}, [https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/] 4. ^Durham, 214 F.2d at 876. 5. ^1 2 3 Insanity, Encyclopedia of Crime and Justice, 1983; Abraham Goldstein; pp736-40 6. ^{{cite court |litigants=State v. Pike |vol=49 |reporter=N.H. |opinion=399 |pinpoint= |court= |date=1869 |url= |accessdate= |quote=}} External links
| case = Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954) | courtlistener =https://www.courtlistener.com/opinion/234593/durham-v-united-states/ | googlescholar = https://scholar.google.com/scholar_case?case=1244686235948852364 | justia =https://law.justia.com/cases/federal/appellate-courts/F2/214/862/314341/{{US-case-law-stub}} 3 : 1954 in United States case law|United States Court of Appeals for the District of Columbia Circuit cases|United States federal criminal case law |
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