NCJ Number
135558
Date Published
1989
Length
14 pages
Annotation
The Comprehensive Crime Control Act of 1984 substantively and procedurally revised the previous Federal law regarding the insanity defense in two main areas: the definition of insanity and the burden of proof.
Abstract
As a result, the burden of proof now rests on the defendant, just as it does in many states. In contrast to most State laws, however, the Federal law places a major responsibility on defendants by requiring that they prove insanity "by clear and convincing evidence." This rather gross standard of proof will effectively hinder a successful presentation of the insanity defense, except in the most pronounced instances. Such a burden is constitutional as shown in the U.S. Supreme Court decision in Leland v. Oregon. It lies between the other two standards (preponderance of the evidence and beyond a reasonable doubt), but is ambiguous. Nevertheless, surveys asking respondents to place numerical values on each standard have shown substantial differences in the values given each standard, indicating that under the new law, defendants must prove insanity to 75 percent of the absolute. As a result, the insanity defense has little use in the Federal criminal justice system. 76 references