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The Challenges of Determining Insanity in American Courts
This chapter explores the different tests used to determine insanity in American courts, including the McNaughton, Durham, Bronner rules, and the Insanity Defense Reform Act. It highlights the case of a defendant with mental illness who was denied the affirmative insanity defense and given a death sentence. The chapter concludes by emphasizing the complexity of determining criminal liability and the difficulties in drawing a clear line between sanity and insanity.