NCJ Number
30765
Date Published
1974
Length
20 pages
Annotation
THE AUTHOR REVIEWS THE RECOMMENDATIONS MADE IN BRIEFS AMICI CURIAE FILED CONCERNING THE DISTRICT OF COLUMBIA CIRCUIT COURT OF APPEALS DECISION IN UNITED STATES V. BRAWNER, AND DISCUSSES ABOLITION OF THE INSANITY DEFENSE.
Abstract
IN THE 1972 BRAWNER DECISION, THE COURT ADOPTED THE AMERICAN LAW INSTITUTE (ALI) RULE OF CRIMINAL RESPONSIBILITY, AS WELL AS A RULE OF 'DIMINISHED RESPONSIBILITY'. THE BRAWNER DECISION HAD BEEN UNDER CONSIDERATION BY THE COURT OF APPEALS FOR MORE THAN A YEAR PRIOR TO ITS ANNOUNCEMENT IN JUNE 1972. AT THE REQUEST OF THE COURT, BRIEFS AMICI CURIAE WERE FILED BY A NUMBER OF INDIVIDUALS AND ORGANIZATIONS. THE AUTHOR REVIEWS THE ISSUES RAISED IN THESE BRIEFS CONCERNING THE INSANITY DEFENSE, PSYCHOLOGICAL TESTIMONY, PSYCHIATRIC TESTIMONY, AND THE ROLE OF THE PUBLIC MENTAL HOSPITAL. FINALLY, THE AUTHOR CONSIDERS ARGUMENTS IN FAVOR OF ABOLITION OF THE INSANITY DEFENSE.