People v. Drew, 22 Cal. 3d 333 (1978), was a case decided by the California Supreme Court that abandoned the M'Naghten Rules of the criminal insanity defense in favor of the formulation in the Model Penal Code.[1] The decision was later abrogated by Proposition 8 in 1982, which restored the M'Naghten rules.[2]
People v. Drew | |
---|---|
Decided September 26, 1978 | |
Full case name | The People, Plaintiff and Respondent, v. Ronald Jay Drew, Defendant and Appellant. |
Citation(s) | 22 Cal. 3d 333; 583 P.2d 1318; 149 Cal. Rptr. 275 |
Holding | |
The M'Naghten Rules do not adequately identify legal insanity. M'Naghten Rules discarded. Model Penal Code adopted. | |
Court membership | |
Chief Justice | Rose Bird |
Associate Justices | Mathew Tobriner, Stanley Mosk, William P. Clark Jr., Frank K. Richardson, Wiley Manuel, Frank C. Newman |
Case opinions | |
Majority | Tobriner, joined by Bird, Newman, Mosk |
Concurrence | Mosk |
Dissent | Richardson, joined by Clark, Manuel |
Overruled by | |
California Proposition 8 (1982) |