Minneapolis, MN asked in Criminal Law for Minnesota

Q: Is McNaughton still the standard by which we treat mentally ill people who commit crimes, ie capitol murder?

Minnesota law.

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: You ask this question in a Minnesota forum. Minnesota does not utilize the death penalty so I'm not sure if you are asking this question or nationally or otherwise. The NGRI (not guilty by reason of insanity) defense standards vary state to state. Minnesota uses the M'Naghten standard.

William Bailey agrees with this answer

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Essentially, yes in Minnesota. See Rule 20.02 of the Minnesota Rules of Criminal Procedure. But Minnesota does not have the death penalty.

William Bailey agrees with this answer

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: I agree with the other answers. There is no death penalty in MN so I'm not sure what the reference to "capitol murder" is for.

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