The final chapter looks at the future of the concept of legal insanity
in the age of neuroscience.
Defendant: Neuroscience and Legal Insanity
in the Twenty-First Century,
rejection of control tests for legal insanity
on these grounds.
Breyer opted out of some parts of the majority opinion) in the 6-3 ruling, said the Constitution's guarantee of due process did not prevent Arizona from lopping off one of two prongs of a definition of legal insanity
known as the M'Naghten rule.
107) "[I]mpermissibly allow[ing] juries to avoid finding a defendant not guilty by reason of insanity in cases in which legal insanity
appears justified" (108) is an inappropriate means of reducing insanity acquittee recidivism.
Under the law, if a jury finds that drug use played a role in a defendant's psychosis, then the defense of legal insanity
does not apply even if there is evidence of another underlying mental illness.
In other words, when the term "insane person" is mentioned in this Note, I will assume that both the prosecution and defense would have stipulated to the requirements of legal insanity
in a jurisdiction with an extrinsic insanity defense.
Cases of this sort seem to fit neatly within existing categories for legal insanity
Pivotal in this history is the Hadfield decision of 1800, the outcome of which helped change the criterion of legal insanity
from the furiosus, the raving madman with no more ability to discern right from wrong than that of a small child, to the far subtler and ultimately elusive criterion of "delusion.
Professor Robinson's interesting and scholarly book is the first to deal with the history of legal insanity
from Ancient Greece and Rome to modern times.
Slovenko writes at length about what mental illness means and what types of mental illness qualify under the test for legal insanity
recommends various changes in the rules of the game, such as a ban on plea bargaining; a ban on psychiatric testimony on the "state of mind" of the accused at the time of the crime; replacement of the Miranda and search-and-seizure exclusionary rules; repeal of the legal insanity
defense; capital punishment as the standard penalty for premeditated murder; repeal of drug laws; greater use of private incentives and contractors to administer criminal justice; more work for prisoners; more prison space; truth-in-sentencing for violent criminals (serve 85 percent or more of sentences); juvenile records available for adult sentencing; restitution actually enforced; and parolees supervised intensely by armed officers.
First, it addresses briefly the common misunderstanding about when a new syndrome defense is in fact being used and considers why new syndrome claims are raised when it appears that standard doctrinal approaches, such as the negation of mens rea and legal insanity
, are available.
Examination and argument distinguished between legal insanity
and medical insanity.