NCJ Number
96602
Journal
Trial Volume: 20 Issue: 10 Dated: (October 1984) Pages: 14-19
Date Published
1984
Length
5 pages
Annotation
In the most recent round of heated debate about the moral and philosophical underpinnings of the insanity defense, attention has been diverted from studying the practical difficulties inherent in raising that defense at trial. This article seeks to remedy that falling without taking a position on the philosophical debate.
Abstract
The article briefly describes the evolution of the plea 'not guilty by reason of insanity (NGI)' in the modern Anglo-American system and focuses on the nature of the defense today -- how frequently it is raised and what effect a successful NGI plea is likely to have on a client. Then, the article offers an approach to the preparation and presentation of such a defense, which is unlike any other because the trial does not just involve the evaluation of the questions of whether the act was done and mens rea existed, but also a social assessment of whether the defendant should be held accountable. Thirty-nine notes are listed. (Author abstract modified)