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
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insanity plea adding further
confusion and injustice within both the legal and medical systems. In
my opinion the iunsanity defense is impossible to maintain on the
basis of rules such as the M'Naghten Rule, and the relationship
between law and psychiatry must be reestablished on a more scientific
level, based on the neurological work now going on in the brain
sciences. The insanity defense is impracticle in it's present usage
and should therefore be abolished.
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