Word: brawner
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...complaint that the defense is the handmaiden to moneyed justice, Caplan cites the 1972 Brawner decision. The opinion established the standard which holds that a person is not responsible for a crime if, as a result of mental disease, he or she lacks the capacity to "appreciate" the wrongfulness of his or her conduct. But the case also made light of a "well guarded secret." According to the opinion, the majority of responsibility cases concern indigents, not affluent defendants with easy access to legal and psychiatric assistance...
Since 1962 most states, and the federal courts, have adopted variants of a model developed by the American Law Institute. Commonly referred to as the Brawner rule, it acquits a defendant who lacks "substantial capacity" either to know right from wrong or to conform to the law. This is the test that will be used in Hinckley's trial...
...Abraham Halpern, director of psychiatry at United Hospital in Port Chester, N.Y., why shouldn't heredity, poverty and cultural deprivations also be? Others, like University of Chicago Law Professor Norval Morris, contend that jurors cannot make much sense of the tortured language in the M'Naghten and Brawner rules. "Even the so-called experts don't understand them," says Morris. Instead of acquitting defendants with mental problems, some scholars would prefer to have a judge convene a post-trial panel of medical experts to help him decide whether to order a prison sentence or psychiatric treatment...
Roger McCluskey has been racing at Indianapolis since the early 1960's. He's never finished the race, though he's often run well. This year he was the fourth fastest qualifier in a turbocharged Ford. Clint Brawner and Jim McGee, mechanics for Andretti's winning STP Oil Treatment Special last year, built and maintain McClusky's Quickick Special this year. The combination sounds good, but the only money McCluskey's made this year has been for laundry detergent commercials on TV with his wife. If the car would last. McCluskey could win, but neither seems very likely...
...course. One by one, they had seen most of their favorites fall by the wayside: Graham Hill, the 1966 winner, out on the 24th lap with a sick piston in his Lotus-Ford; Mario Andretti, the speediest qualifier at 168.9 m.p.h., out on the 59th lap when his Brawner-Ford threw a wheel on the No. 3 turn; Dan Gurney, the second fastest qualifier (at 167.2 m.p.h.), black-flagged on the 161st lap with a blown cylinder in his American Eagle. And they had watched, first with awe, then with mounting ennui, as Parnelli Jones, in his turbine-powered...