People v. Drew

People v. Drew
Seal of the Supreme Court of California
Supreme Court of California
Decided September 26, 1978
Full case nameThe People, Plaintiff and Respondent, v. Ronald Jay Drew, Defendant and Appellant.
Citation(s)22 Cal. 3d 333; 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.
Court membership
Chief JusticeRose Bird
Associate JusticesMathew Tobriner, Stanley Mosk, William P. Clark Jr., Frank K. Richardson, Wiley Manuel, Frank C. Newman
Case opinions
MajorityTobriner, joined by Bird, Newman, Mosk
ConcurrenceMosk
DissentRichardson, joined by Clark, Manuel
Overruled by
California Proposition 8 (1982)

People v. Drew, 22 Cal. 3d 333 (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.[1] The decision was later abrogated by Proposition 8 in 1982, which restored the M'Naghten rules.[2]

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.
This article is issued from Wikipedia. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.