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NCJRS Abstract
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NCJ Number: 94113
Title: What's Old and New About the Insanity Plea
Journal: Judicature Volume:67 Issue:10 Dated:(May 1984) Pages:499-509
Author(s): N Milner
Date Published: 1984
Page Count: 11
Format: Article
Language: English
Country: United States of America
Annotation: This review discusses the insanity plea and four recent publications written about it.
Abstract: The four publications are 'The Insanity Plea', 'The Insanity Defense' 'Myths and Realities, A Report of the National Commission on the Insanity Defense', and 'Myths and Realities.' In the 100 years between the shootings of Presidents James Garfield and Ronald Reagan, attempts have been made to redefine legal insanity, but with little success. Some changes, however, have occurred: psychiatry is now less sympathetic to a broad definition of legal insanity and antipsychotic drugs make it possible to control psychotic manifestations so quickly that long incarcerations are now hard to justify. 'The Insanity Plea' is a well-written critique which is based on some examples in which the insanity aspect was tangential. The authors are not clear about what justice would be without the insanity defense. They argue that the insanity plea must be eliminated to prevent replacement of responsibility for action with explanations for behavior. 'The Insanity Defense' argues for maintaining the insanity defense as a means of distinguishing between responsible and irresponsible acts, it does not consider the changes wrought by antipsychotic drugs when it discusses treatment. The 'National Commission Report' redefines the problem in an attempt to outflank the abolitionists. The Commission argues that the defense is not used often and that the real issue is care of the mentally ill. For the moment, the insanity defense remains useful, although reform is urgently needed. Fifteen notes are included.
Index Term(s): Criminal responsibility; Insanity defense
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