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People v. Drew

Californian court case


Californian court case

FieldValue
DecideDateSeptember 26
DecideYear1978
FullNameThe People, Plaintiff and Respondent, v. Ronald Jay Drew, Defendant and Appellant.
Citations; 583 P.2d 1318; 149 Cal. Rptr. 275
HoldingThe M'Naghten Rules do not adequately identify legal insanity. M'Naghten Rules discarded. Model Penal Code adopted.
ChiefJudgeRose Bird
AssociateJudgesMathew Tobriner, Stanley Mosk, William P. Clark Jr., Frank K. Richardson, Wiley Manuel, Frank C. Newman
MajorityTobriner
JoinMajorityBird, Newman, Mosk
ConcurrenceMosk
DissentRichardson
JoinDissentClark, Manuel
OverruledCalifornia Proposition 8 (1982)

People v. Drew, (1978), was a case decided by the California Supreme Court that abandoned the M'Naghten Rules of the criminal insanity defense in favor of the formulation in the Model Penal Code. The decision was later abrogated by Proposition 8 in 1982, which restored the M'Naghten rules.

References

References

  1. Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, NY: 2004, p. 593
  2. ''The Insanity Defense''. Loyola of Los Angeles Law Review, Vol. 36, 1596. 2004.
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