Abstract
Abstract A study was conducted of 62 Tennessee circuit and criminal court judges to determine their preferences for various insanity tests such as the M'Naghten rule, the Smith test, the ALI test, and the Durham test. Criminal court judges favor more stringent insanity standards associated with the M'Naghten rule, while circuit judges prefer the ALI test. Influencing judicial preferences is the legal background of judges. Circuit court judges have backgrounds as defense attorneys, whereas most criminal court judges have had backgrounds as prosecutors in various cities or counties. Former backgrounds as prosecutors influence criminal court judges to prefer more stringent standards when the insanity issue is raised, and these judges believe that the defense should bear the burden of proof. Circuit judges hold opposite views.
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