State v. Hathaway
Decision Date | 25 June 1965 |
Parties | STATE of Maine v. Clyde Maynard HATHAWAY, Jr. |
Court | Maine Supreme Court |
Phillip M. Kilmister and Jerome S. Matus, Asst. Attys. Gen., Augusta, for plaintiff.
John A. Platz and Thomas E. Day, Jr., Lewiston, for defendant.
Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and MARDEN, JJ.
Respondent a boy 12 years of age was indicted for murder. He pleaded not guilty, not guilty by reason of insanity and not guilty by reason of mental disease or mental defect. He was tried by a jury and was found guilty. During trial respondent noted and reserved 12 exceptions. Respondent after verdict seasonably moved for a new trial and has appealed from the Court's denial of such motion. Respondent here prosecutes his exceptions and appeal.
In his motion respondent inter alia protested that the instructions of the trial Court to the jury were erroneous as a matter of law.
Some of the presiding Justice's jury instructions were as follows:
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The statute so quoted by the presiding Justice is R.S.1954, c. 149, § 17-B (P.L.1963, c. 311, § 3) (15 M.R.S.A. § 102) and reads as follows:
'An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.
'The terms 'mental disease' or 'mental defect' do not include an abnormality manifested only by repeated criminal conduct or excessive use of drugs or alcohol.'
This statute by its first sentence adopts the 'Durham Rule,' so-called, the 'disease--defect--product test.' The second sentence adds a stated modification to the 'Rule.'
The Durham Rule is not statutory but was enunciated as a court decision in Durham v. United States, 94 U.S.App.D.C. 228, 214 F.2d 862, 874, 875, 45 A.L.R.2d 1430 (1954) as follows:
See State v. Pike, 49 N.H. 399 (1870).
Previous to 1961 (P.L.1961, c. 310) this jurisdiction was said to observe the 'M'Naghten Rule.' In M'Naghten's Case, House of Lords, 1843, 10 Clark & Finnelly's Reports, 200, 210, it was said in part by the judges in response to theoretical questions:
'* * * to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong * * *'
In State v. Lawrence, 1870, 57 Me. 574, 576, this Court assented to a 'right--wrong test' by acquiescing upon appeal with the subjoined instruction given in the trial court:
See, State v. Knight, 95 Me. 467, 50 A. 276, 55 L.R.A. 373.
Our modified Durham Rule statute was enacted by P.L.1961, c. 310 as R.S.1954, c. 149, § 38-A. It was repealed by P.L.1963, c. 311 § 2 and reenacted by P.L.1963, c. 311, § 3 as R.S.1954, c. 149, § 17-B.
In State v. Park, 1963, 159 Me. 328, 334, 193 A.2d 1, 4 this Court said:
The McNaghten Rule had long become a subject of controversy when in 1954 the Durham Rule was formulated judicially by the District of Columbia Circuit Court as the test of criminal responsibility.
'* * * The science of psychiatry now recognizes that a man is an integrated personality and that reason, which is only one element in that personality, is not the sole determinant of his conduct. The right-wrong test, which considers knowledge or reason alone, is therefore an inadequate guide to mental responsibility for criminal behavior. As Professor Sheldon Glueck of the Harvard Law School points out in discussing the right-wrong tests, which he calls the knowledge tests:
Durham v. United States, supra, 214 F.2d at 871.
The Durham case did not completely abandon the right-wrong factor.
'* * * The jury's range of inquiry will not be limited to, but may include, for example, whether an accused, who suffered from a mental disorder or defect did not know the difference between right and wrong, * * *.' Durham v. United States, supra, at 876.
The Durham decision affirms the...
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