NCJ Number
102075
Journal
Annals of the American Academy of Political and Social Science Volume: 477 Dated: (January 1985) Pages: 132-147
Date Published
1985
Length
11 pages
Annotation
Impatience with the practical problems of the insanity defense, which can be ameliorated by reforms, should not result in the abandonment of a fair doctrine.
Abstract
Behavior symptomatic of a mental disease should not be punishable under criminal law. A moral society should require that criminal liability be based on minimal rationality (a cognitive capacity) and minimal self-control (volitional capacity). The administration of the insanity defense, however, does require reform. The test for legal insanity should be based on clearly defined cognitive and volitional criteria, and experts who offer testimony on the application of the test to a particular defendant should be limited to offering clinical descriptions of thoughts, feelings, and actions as well as other relevant data based on sound scientific studies. The burden of proving legal insanity should rest on the defense. Insanity acquitees deemed to be still dangerous because of mental illness should be committed to nonpenal detention and appropriate treatment. Release from such detention should be required by the court when the person is either nondangerous but ill, dangerous but well, or ill and dangerous but not dangerous as a result of illness. 12 footnotes.