NCJ Number
87342
Journal
American Bar Association Journal Volume: 69 Dated: (February 1983) Pages: 194-197
Date Published
1983
Length
4 pages
Annotation
This discussion argues that the insanity defense is essential to the moral integrity of the criminal law, but suggests a shifting of the burden of proof.
Abstract
Sweeping proposals to abolish the insanity defense should be rejected in favor of proposals to narrow it and shift the burden of proof to the defendant. This approach adequately responds to public concern about possible misuse of the insanity defense and is compatible with the basic doctrines and principles of Anglo-American penal law. No references are cited.