The Brawner Test

In 1972, the federal justice system of the United States rejected the Durham rule, which advocated that the criminal act was caused by a perpetrator's mental illness; if this could be proven beyond a reasonable doubt by the prosecutor, the defendant would not be held accountable for his or her actions. In its place, the federal justice system installed the 1972 Brawner Test, which was largely based on an insanity rule found in the model penal code (MPC) of 1962. This was used by approximately one half of the states but has been held in disfavor and restricted in its use since the trial of John Hinckley, the attempted assassin of former President Reagan.

The Brawner Test originated in the case law of United States v. ...