The Insanity Defense

A Critical Assessment of Law and Policy in the Post-Hinckley Era

The Insanity Defense cover

The Insanity Defense

A Critical Assessment of Law and Policy in the Post-Hinckley Era

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Description

No area of criminal law has been the subject of more controversy than the insanity defense. The Insanity Defense is a clear assessment of this issue as it exists in the 1980s. It provides the reader with a basis for understanding and evaluating the legislative and judicial responses to the factors that have stirred this controversy. Because extremely complex issues are involved in the effort to formulate an insanity defense, Simon and Aaronson begin with a detailed historical overview. They discuss the necessity of expert witnesses in the actual trial and probe into the jury's role and responsibility. The authors describe the various movements that have been used to abolish the insanity defense, as well as assess the use and interpretation of the defense in other nations.

Table of Contents

Foreword by Judge Barrington D. Parker
Introduction and Historical Review
Rules of Law and Burdens of Proof: From Durham to the Insanity Defense Reform Act of 1984
Expert Witnesses in the Insanity Defense Trials
The Jury and the Insanity Defense
Survey of Judges, Prosecutors, Defense Attorneys, and Mental Health Professionals
Alternatives: The Movement to Abolish the Defense, and the Guilty but Mentally Ill Verdicts
How Other Countries View the Insanity Defense
Depictions of the Insanity Defense in Fiction and Theater
Appendix: Insanity Defense Standards, Burden of Proof, and Verdict Forms
Bibliography
Index

Product details

Published May 20 1988
Format Paperback
Edition 1st
Extent 290
ISBN 9780275928315
Imprint Praeger
Dimensions 9 x 6 inches
Publisher Bloomsbury Publishing

About the contributors

Author

Rita J. Simon

RITA J. SIMON is Professor of Justice at American…

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