Since 1964, a number of events and trends have created a climate that suggests the value of abolishing the insanity defense. With the abolition of capital punishment in New York and other States, the use of the insanity defense is an anachronism, and U.S. Supreme Court decisions suggest that abolition of the insanity defense would not be held unconstitutional. Further, a number of judges, including Chief Justice Warren Burger, have argued for the elimination of the insanity defense. Also, the use of the insanity defense has risen dramatically; and with the increased publicity in the more egregious cases over the past few years, insanity trials have confused the public. The elimination of the insanity defense will contribute to rational practices in America's criminal justice system. However, as long as it is retained, the burden of proof should be placed on the defendant. Further, legislation should be enacted so that charges are not dropped against offenders who are considered dangerous just because they are not likely in the foreseeable future to be competent to stand trial. Finally, a standard for the determination of competency should be adopted. Seventeen references are included.