...curiam is the definition of "disease and defect." This is on page 7. Consequently, for that purpose the jury should be told that a mental disease or defect...mental or emotional processes and substantially Impairs behavioral control. Now, that is as far as the court has gone in that regard. I personally prefer the...

...clarify the meaning of thf "mental disease or defect." In the McDonald case, the court said that "I should be told that a mental disease or defect includes any abnormal ci of the mind which substantially affects mental or emotional processes H stantially impairs behavior...

...clarify the meaning of the phrase "mental disease or defect." In the McDonald case, the court said that "the jury should be told that a mental disease or defect includes nuy abnormal condition of the mind which substantially affects mental or emotional processes and substantially...

...District of Columbia sitting en bane remedies the difficulties with the Durham, rule. McDonald provides "that a mental disease or defect includes any abnormal...processes and substantially impairs behavior controls" (p. 851). However, this standard, while shedding some light on the problem of what constitutes a mental...

...most, importantly, the court set forth an additional definition of "mental disease or defect," namely, "a mental disease or defect includes any abnormal...emotional processes and substantially impairs behavior controls."41 Thus, in McDonald, the trial courts were given some guidelines as to how much evidence...

...is bound by ad hoc definitions or conclusions as to what experts state is a disease or defect. . . . The jury should be told that a mental disease or defect...processes and substantially impairs behavior controls. The jury would consider testimony concerning the development, adaptation and functioning of these processes...

...following supplemental instruction to be given the jury in connection with the Durham insanity charge: "A mental disease or defect includes any abnormal...mind which substantially affects mental or emotional process and substantially impairs behavior control." In addition to providing a definition of the terms...

...issues of moral blameworthiness and criminal responsibility. Thus in Ernest McDonald's case,13 we held that a "mental disease or defect includes any abnormal...mental or emotional processes and substantially impairs behavioral controls." While this functional definition of mental disease or defect made a valiant attempt...

...the "product" of mental disease or defect (Durham \. United States, 214 F.2d 862 (1954)), denned as "any abnormal condition of the mind which substantially...processes and substantially impairs behavior controls" (McDonald v. United States, 312 F.2d 847, 851 (1962) ). In the Third Circuit emphasis has been placed...

...the "product" of mental disease or defect (Durham v. United States, 214 F.2d 862 (1954)), defined as "any abnormal condition of the mind which substantially...processes and substantially impairs behavior controls" (McDonald v. United States, 312 F.2d 847, 851 (1962) ). In the Third Circuit emphasis has been placed...