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Criminal

Feb. 3, 2025

Department 21 and the McNaughton Rule

For the past thirty-five years, people have asked if I'm connected to the McNaughton Rule, and while I always answered "no," I now find myself reflecting on its deep connection to my personal and professional journey, from law school to presiding over cases tied to legal history like the Dan White trial.

Hall of Justice

Michael McNaughton

Judge

Trials, MTR Hearings

UC Berkeley Boalt Hall School of Law

Shutterstock

My last name is McNaughton. This means that for the past thirty-five years, starting in law school, I have been asked countless times whether I have any connection to the "McNaughton Rule."  I have always answered "No, no connection whatsoever." That is, until now.

The McNaughton Rule is known only in legal circles and is usually taught during the first year of law school. It's the old "insanity defe...

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