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People v. Drew
Californian court case
Californian court case
| Field | Value |
|---|---|
| DecideDate | September 26 |
| DecideYear | 1978 |
| FullName | The People, Plaintiff and Respondent, v. Ronald Jay Drew, Defendant and Appellant. |
| Citations | ; 583 P.2d 1318; 149 Cal. Rptr. 275 |
| Holding | The M'Naghten Rules do not adequately identify legal insanity. M'Naghten Rules discarded. Model Penal Code adopted. |
| ChiefJudge | Rose Bird |
| AssociateJudges | Mathew Tobriner, Stanley Mosk, William P. Clark Jr., Frank K. Richardson, Wiley Manuel, Frank C. Newman |
| Majority | Tobriner |
| JoinMajority | Bird, Newman, Mosk |
| Concurrence | Mosk |
| Dissent | Richardson |
| JoinDissent | Clark, Manuel |
| Overruled | California 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
- Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, NY: 2004, p. 593
- ''The Insanity Defense''. Loyola of Los Angeles Law Review, Vol. 36, 1596. 2004.
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