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Part I unpacks attitudes toward the insanity defense and its influence on the treatment of insanity acquittees.
The insanity defense has drawn enormous attention over the years, disproportionate to the frequency of its use.
of abolishing the insanity defense, most jurisdictions have wisely
On appeal, the Idaho Supreme Court upheld his convictions on the grounds that it had previously upheld the State's abolition of the insanity defense in a long line of cases, and that the United States Supreme Court had declined to review any of those decisions after being presented with an opportunity to do so.
Once again, the insanity defense came under scrutiny as a result of the Andrea Yates verdict.
In Kirkland v State (1983), (13) attorneys for a woman who committed a bank robbery asserted an insanity defense based on a psychogenic fugue, which is sudden, unexpected travel away from home accompanied by inability to recall one's past and confusion about identity or assumption of a new identity.
But a close look at Andrea Yates' legal saga, along with a less-famous Supreme Court decision about the insanity defense that was handed down shortly before she was acquitted, casts doubt on the scientific validity and legal relevance of psychiatric testimony.
to eliminate or restrict the insanity defense or the mens rea
The temporary insanity defense, the Miranda decision, the right to counsel, and other landmark criminal decisions are covered in great detail in this very long audiobook.
The suicide rates which peaked around 1611 to 1635 prompted greater attention to decisions about dishonorable burials and added a political motive for preferring the secular insanity defense to a religious process countering demonic-inspired despair.
One argument made there, and repeated incessantly in formal and informal rhetoric by psychiatrists, is that it is not the case that "many criminals try to use the insanity defense to escape severe punishment.