CHAPTER 10: CRIMINAL LAW AND CYBER CRIME 35
EXPLANATIONS OF SELECTED FOOTNOTES IN THE TEXT
Footnote 3: In the area of substantive criminal law, one of the most significant developments of the last
thirty years has been the completion of the Model Penal Code. There were a total of thirteen drafts, consisting of
proposed code sections and accompanying commentary, dating from 1953 to 1961. The Model Penal Code was
approved by the American Law Institute in 1962 and published that year. Beginning in 1980, the Model Penal Code
Footnote 17: M’Naghten’s Case involved the murder of the secretary of the prime minister of England.
Daniel M’Naghten lived in London and believed that the British Home Secretary, Sir Robert Peel, wanted to kill him.
(Peel was the founder of the British police, popularly known as “Bobbies.”) Acting under this delusion, M’Naghten
shot and killed Edward Drummond, Peel’s private secretary, whom he mistook for Peel. At his trial, the defense
argued that M’Naghten was insane at the time of the shooting and should not be held responsible because his
delusions caused him to act as he did. The jury agreed, and M’Naghten was found not guilty by reason of insanity.
The M’Naghten test has been adopted in many states to determine whether the defense of insanity is
justified. According to its critics, the principal fault of the M’Naghten test is its narrowness and restricted application to
only a small percentage of people who are mentally ill. Supporters argue that it is not a test of mental illness—it only
lists conditions under which those who are mentally ill will be relieved of criminal responsibility.
There are at least six other tests that fall under the rubric of the insanity defense and that are, or have been,
applied in U.S. courts. Whatever the test used to determine sanity, studies have shown that less than 1 percent of
Footnote 22: Angela Marcum, the drug court coordinator responsible for collecting money for the District
County Court of Pittsburg County, Oklahoma, was romantically involved with James Miller, an assistant district
attorney. The state charged Marcum with obstructing an investigation of suspected embezzlement and offered in
evidence text messages sent and received by her and Miller, and obtained pursuant to a warrant directed to Miller’s
phone company, U.S. Cellular. Marcum filed a motion to suppress the messages, which the court granted. The state