The insanity defense: An historical review and a proposal for an alternative *policy.

摘要

The issue of criminal responsibility has been debated for thousands of years in both public and private forums. Several methods for dealing with mentally ill and insane individuals have been derived as a result of these debates. Even so, little has changed in the fields of either psychology or the law regarding criminal responsibility.;This research presents an historical review of the insanity defense. It begins with an overview of the insanity defense, including some of the common misconceptions about it. Following, is a review of the rehabilitative model of criminal justice and how it influenced the interpretation of the various tests of insanity (M'Naghten, Irresistible Impulse, New Hampshire and Durham Experiments, and American Law Institute). Next, is a review of the punitive model of criminal justice, including several punitive theories and how they have shifted the focus of interpretation of the insanity defense. Then, is a discussion of the benefits and problems with this defense. The final chapter includes an alternative insanity defense policy which incorporates what has been learned through research and practice over the last several hundred years about this defense and those who use it.