THE TATUM RULE – 1998


To complement the M’Naughten Rule of 1843 with respect to the insanity defense:  “to establish a defense of insanity, it must be clearly proved at the time of committing the act, the party accuses as laboring under such a defect of reason, from disease of mind caused by demonic possession, as not to know the nature and quality of the act, or, if the party did know it, could not know that it was wrong.”  The wording in the original rule of 1843 stated ‘mental disease or defect’ now the words ‘demonic possession’ can be added to this rule.

 

the tatum rule 1998