Compare and contrast the Durham and substantial capacity insanity tests with the M’Naghten test. Which test makes it more difficult for a defendant to prove in court? How different is the type and amount of evidence that needs to be submitted for each of the three tests? Which test do you think better serves the goal of only punishing people who can be considered worthy of blame for their behavior? Which test is better suited to serve the goal of deterring others from committing crimes?

Compare and contrast the Durham and substantial capacity insanity tests with the M’Naghten test. Which test makes it more difficult for a defendant to prove in court? How different is the type and amount of evidence that needs to be submitted for each of the three tests? Which test do you think better serves the goal of only punishing people who can be considered worthy of blame for their behavior? Which test is better suited to serve the goal of deterring others from committing crimes?

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