NCJ Number
135560
Date Published
1989
Length
9 pages
Annotation
This analysis of the controversy regarding the insanity defense argues that, despite abuses in the application of this defense, sound reasons exist for its retention and exculpating individuals who are severely and significantly mentally ill.
Abstract
The decision to acquit based on this defense is mainly a legal one. Both psychiatrists and attorneys have abused this defense, resulting in individuals with little or no mental illness being found legally insane. In addition, juries sometimes find insanity because they wish to acquit the defendant and have no other viable means at their disposal. Nevertheless, the defense rests on fundamental principles of Anglo-American law that must not be disturbed. The main question for psychiatrists is not whether, but how, to implement the insanity defense in the most effective manner to aid the court in its serious deliberations regarding the confusing aspects of mental illness and its effect on the behavior charged. 23 references