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In Defence of the Insanity Defence (From Mental Disorder and Criminal Responsibility, P 121-136, 1981, by Stephen J Hucker, et al - See NCJ-89302)

NCJ Number
89307
Author(s)
E Tanay
Date Published
1981
Length
16 pages
Annotation
This chapter deals with factors related to appraising the psycho-social usefulness of the insanity defense, namely, the purposes and goals of criminal law, the offenses where the insanity defense is used, the offenders who use the insanity defense, and the psycho-social impact of acquittal because of insanity.
Abstract
Based upon this appraisal, it is concluded that the insanity defense fulfills a useful function by diverting from the criminal process persons not requiring the services of the penal system. This diversion occurs without any significant danger to society, and it represents one of the few rational approaches to the disposition of criminal offenders. Those persons who use the insanity defense are, by and large, nonrepeating offenders who require treatment and care, following which they can resume normal roles in society. The insanity defense contributes to the preservation of a sense of justice by making the legal definition of crime accord with degrees of criminal responsibility manifested in particular crimes. It prevents imposition of the death penalty, life imprisonment, or long-term incarceration in cases where such a sentence would be a gross distortion of the criminal responsibility carried by the defendant in an offense. Four notes are provided. (Author summary modified)

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