Gloria abused a neighbor's child, who was under her care, so badly that the child ended up in the hospital in critical condition. Gloria asserts that she was mentally ill with post-partum depression at the time of the abuse and could not appreciate that what she was doing was wrong. Assuming that what she is saying is true, under which standard below would Gloria be considered insane?
a. M'Naghten rule
b. Durham
c. ALI
d. any of the above
Question 2
Gerald robbed a bank early one morning and was caught by the authorities almost immediately afterwards. Now Gerald claims that he was not sane at the time of the crime. In most states and the District of Columbia,
a. the burden of proof would be on Gerald to show that was not sane when he robbed the bank.
b. the burden of proof would be on the prosecution to show that Gerald was sane when he robbed the bank.
c. both the prosecution and the defense must address the question of sanity in their cases when the defendant enters an insanity plea.
d. the insanity plea has been replaced by the guilty but mentally ill plea.
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