ABSTRACT

This chapter compares decisions in the District of Columbia before and after the adoption of the Durham rule. The Durham rule has made a difference in the percentage of defendants who have gained acquittals on grounds of insanity in the District of Columbia. The District of Columbia has kept some records on the status of offenders who were found not guilty by reason of insanity since the adoption of the Durham rule. The chapter reviews appellate decisions in which the adoption of the Durham rule was the critical question. The Durham rule has certainly been one of the most important legal decisions in criminal law. Durham’s importance stems primarily from the fact that it has served as the impetus for a basic re-examination of the criteria for criminal irresponsibility, and for reform of the procedures for dealing with the insanity issue in criminal cases.