Hastings Law Journal


United States v. Wade was an en banc hearing in which the Ninth Circuit decided, by a one-vote majority, to discard the antique M'Naghten insanity test in favor of the "substantial capacity" test formulated by the American Law Institute. The dissenting judges expressed deep concern that the new test would greatly increase acquittals by reason of insanity-a serious problem in view of the current lack of federal post-acquittal commitment legislation.

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