Indiana Law Journal

Document Type


Publication Date

Winter 1958

Publication Citation

33 Indiana Law Journal 212 (1958)


On April 5, 1957 a Conference Panel discussion on Mental Disease and Criminal Responsibility was held at the Harvard Law School during the annual meeting of the First and Second Circuits of the American Law Student Association. The participants were Professor Abram J. Chayes, Harvard, who had assisted in the preparation of the Durham opinion and who presented that view; Professor Herbert Wechsler, Columbia, Chief Reporter of the American Law Institute's Model Penal Code, who presented that view; and Professor Jerome Hall, Indiana, who presented the M'Naghten view. Professor Louis L. Jaffe, Harvard, presided. Unfortunately, Professor Chayes' and Professor Wechsler's discussions were not available for publication. The following is Professor Hall's discussion, prepared from a tape recording at the Conference. Excerpts from the Durham decision and the American Law Institute's Tentative Draft are included after Professor Hall's introductory remarks and he has added some footnotes to clarify the context of his discussion..