Answer:
A. Fails to distinguish between violent defendants and one that no longer pose a danger to society.
C. Fails to differentiate between mental illness that are temporary or lifelong conditions.
Explanation:
M'Naghten Rule is an insanity defense used by defendant's attorney to plead defendant not guilty of crime due to mental conditions suffered during the time crime committed.
M'Naghten Rule states that a defendant will be pleaded not guilty only under conditions when it will be proved that the mental condition of defendant was not right at the time when crime was committed and that he/she was not able to discern his/her actions as right or wrong.
The criticism received to the M'Naghten rule is that it fails to distinguish between defendants who pose threat to the society and those who do not pose threat any longer. Another criticism is that it fails to distinguish between mental illness that are temporary or conditions which are lifelong.
Therefore, option A and C are correct.
Answer:
It underlines Ubuntu's compassion and empathy, and our courts should promote that principle through rehabilitation, taking into account the potential for reconciliation between an offender and the community. Still have questions?
