On a Friday afternoon, Joseph James left his apartment to go camping with friends. When he returned two days later, he found David Daniel in his apartment. Daniel was wearing James's clothes and cooking his food. James called the police, who arrested Daniel for burglary.

You are an assistant to the defense attorney who has been appointed to represent Daniel. Upon learning that Daniel has a long history of psychotic illness, including at least 10 occasions of hospitalization for treatment, the attorney arranged for a psychiatrist to interview Daniel. According to the psychiatrist's report, Daniel had been released from the most recent hospitalization with no place to go. He began to believe that his "guardian archangels" had "found some property" for him and that they "directed" him to James's apartment. When he found the door unlocked, he believed that was a "signal" that he owned the apartment. He entered, rearranged some furniture, destroyed some artwork that he believed was "not proper," and put on James's clothes. When the police arrived, Daniel insisted to them that he owned the apartment.

The defense attorney has asked for your advice regarding how to proceed with Daniel's defense. In this jurisdiction, insanity is defined in terms of M'Naghten; all other penal code provisions follow the common law. Does the evidence support a defense of insanity? Are there any other defenses that the defense attorney should consider? What advice would you give the defense attorney?

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1 The defense attorney should consider emphasizing Daniels history of psychotic illness hospitalizat... View the full answer