The Insanity Defense
The Insanity Defense
INTRODUCTION
The insanity defense refers to that branch of the concept of
insanity which defines the extent to which men accused of crimes may
be relieved of criminal responsibility by virtue of mental disease.
The terms of such a defense are to be found in the instructions
presented by the trial judge to the jury at the close of a case. These
instructions can be drawn from any of several rules used in the
determination of mental illness. The final determination of mental
illness rests solely on the jury who uses information drawn from the
testimony of "expert" witnesses, usually professionals in the field of
psychology. The net result of such a determination places an
individual accordingly, be it placement in a mental facility,
incarceration, or outright release. Due to these aforementioned
factors, there are several problems raised by the existence of the
insanity defense. Problems such as the actual possibility of......
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