*  Jones v. United States, (full text) :: 463 U.S. 354 (1983) :: Justia US Supreme Court Center
The insanity defense has traditionally been viewed as premised on the notion that society has no interest in punishing insanity ... See A. Goldstein, The Insanity Defense 15 (1967). In addition, insanity and mens rea stand in a close relationship, which this ... "temporary insanity" within the insanity defense. Close reading of the Court's opinion reveals the utter emptiness of the ... "Insanity shall not be a defense in any criminal proceeding in the United States District Court for the District of Columbia or ...
  https://supreme.justia.com/cases/federal/us/463/354/case.html
*  Insanity defense - Wikipedia
The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the ... to define insanity for purposes of the insanity defense. Over its decades of use the definition of insanity has been modified ... "The Insanity Defense Among the States". FindLaw. Retrieved 20 October 2017.. *^ a b c Larson, Aaron (13 September 2017). "What ... "Federal Insanity Acquittees - Person Found Not Guilty by Reason of Insanity May Not Attack His Successful Insanity Defense in ...
  https://en.wikipedia.org/wiki/Mental_disorder_defence
*  Insanity defense - Wikipedia
A Brief History of the Insanity Defense Evolution of the Insanity Plea Survey of US states' insanity defense criteria. ... The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the ... to define insanity for purposes of the insanity defense. Over its decades of use the definition of insanity has been modified ... insanity pleas have steadily increased in the UK. Mitigating factors, including things not eligible for the insanity defense ...
  https://en.wikipedia.org/wiki/Insanity_defense
*  Insanity Defense Reform Act - Wikipedia
... assuming the insanity defense was raised). Following the Act's enactment, the defendant has the burden of proving insanity by " ... The Insanity Defense Reform Act of 1984 amended the United States federal laws governing defendants with mental diseases or ... Prior to the enactment of the law, the federal standard for "insanity" was that the government had to prove a defendant's ... 1986). Lawrence Zelic Freedman (Mar 1983), The Politics of Insanity: Law, Crime, and Human Responsibility, 4 (1), Political ...
  https://en.wikipedia.org/wiki/Insanity_Defense_Reform_Act
*  JURY REJECTED KILLER'S INSANITY DEFENSE|BR| | Deseret News
The foreman of a jury that convicted a paroled child killer of slaying 10 women during a 22-month murder spree said jurors decided the man wasn't insane. The Monroe County Court jury convicted Arthur J. Shawcross on Thursday of 10 counts of second-degree murder in the deaths of eight prostitutes and two other women between March 1988 and January 1990. He faces up to 25 years in prison on each count when he is sentenced Feb. 1.
  https://www.deseretnews.com/article/137311/JURY-REJECTED-KILLERS-INSANITY-DEFENSE.html
*  An Insanity Defense Gears Up - tribunedigital-chicagotribune
On Friday, defense attorney Robert Will presented three medical experts who related Isbell`s medical history in an effort to ... Ronald Baron of Highland Park, who also testified as a defense witness, said he diagnosed eight personality disorders in Isbell ... a construction worker who has pleaded not guilty to the murder charge by reason of insanity. ... prove his insanity.. One of them, Dr. Pedro Paluay of Zion, Isbell`s family physician, said Isbell has been hospitalized eight ...
  http://articles.chicagotribune.com/1986-11-25/news/8603280740_1_zion-park-disorders-alcohol
*  Elizabeth Smart kidnapper convicted, jury rejects insanity defense - CSMonitor.com
... for Brian David Mitchell didn't contest that he kidnapped Elizabeth Smart but said he was not guilty by reason of insanity. ... Subpoenaed by the defense, Barzee appeared devastated by her role in the kidnapping and the realization that she had been duped ... Defense attorneys didn't dispute that Smart was kidnapped and held captive but contended Mitchell is mentally ill and can't be ... His lawyers did not dispute that he kidnapped Smart but wanted him to be found not guilty by reason of insanity. Such a verdict ...
  https://www.csmonitor.com/USA/2010/1210/Elizabeth-Smart-kidnapper-convicted-jury-rejects-insanity-defense
*  The Supreme Court shouldn't allow Idaho to have no insanity defense.
But Delling was still guilty of murder, because there was no insanity defense for him to plead. Think about that for a minute: ... And as it stands, the insanity defense plays only a tiny role in the everyday criminal justice system and succeeds in one- ... William Blackstone provided for an insanity defense in his 18th-century treatise. The best known and most durable version of ... This week, the justices turned down a case challenging Idaho's complete lack of an insanity defense. In Idaho, "mental ...
  http://www.slate.com/articles/news_and_politics/jurisprudence/2012/11/the_supreme_court_shouldn_t_allow_idaho_to_have_no_insanity_defense.single.html
*  Insanity Defense Expert Witness - HGExperts.com
Find expert witnesses for Insanity Defense cases who are providing testimony and opinion in a court of law for plaintiff or ... Insanity Defense Expert Witnesses. Insanity Defense Experts Testimony and Legal Consultants. *. Find an Expert Witness:. ...
  http://www.hgexperts.com/expert-witnesses-insanity-defense
*  Insanity defense difficult but not impossible - Massachusetts Lawyers Weekly
Home / Rockefeller case / Insanity defense difficult but not impossible. Insanity defense difficult but not impossible. By: ... Halpern, who succeeded several years ago with an insanity defense in a murder trial in which his client had no previous ... While it's true that the insanity defense rarely succeeds, one Boston lawyer knows firsthand that it can be done. ... Criminal defense attorney Keith S. Halpern successfully used the defense in March in a Worcester murder case he tried before ...
  http://masslawyersweekly.com/2009/05/26/insanity-defense-difficult-but-not-impossible/
*  Insanity defense weighed for East Haven mom charged with killing her children | FOX 61
... woman charged with killing her two children by poisoning them with antihistamines say they are considering an insanity defense ... Insanity defense weighed for East Haven mom charged with killing her children. Posted 1:34 PM, July 27, 2015, by Associated ... Insanity defense weighed for East Haven mom charged with killing her children. ... woman charged with killing her two children by poisoning them with antihistamines say they are considering an insanity defense. ...
  http://fox61.com/2015/07/27/insanity-defense-weighed-for-mom-charged-with-killing-kids/
*  The Use of the Insanity Defense as a Jail Diversion Mechanism for Mentally Ill Persons Charged With Misdemeanors | Journal of...
The Use of the Insanity Defense as a Jail Diversion Mechanism for Mentally Ill Persons Charged With Misdemeanors. Michele N. ... The Use of the Insanity Defense as a Jail Diversion Mechanism for Mentally Ill Persons Charged With Misdemeanors ... The Use of the Insanity Defense as a Jail Diversion Mechanism for Mentally Ill Persons Charged With Misdemeanors ... The Use of the Insanity Defense as a Jail Diversion Mechanism for Mentally Ill Persons Charged With Misdemeanors ...
  http://jaapl.org/content/33/1/79/tab-article-info
*  Insanity Defense: March 2012
Yesterday I RAN (part of) the 5k!! What in the name of everything holy was I thinking!!! LOL!! I started walking with my dear friend Kathie and I was bouncing around (because of course there was no Guinness in my hand) and I was kind of disheartened when we hit the 1 mile and the guy calling out time said 17 minutes. 'I used to...keep a 7 minute pace my 3600meter run in track'! Anywho... at about the 1.5 mile we hit the turn around and I could no longer walk. I HAD TO RUN!!! She told me to go ahead, because my legs are MUCH longer than hers and I think I was going a faster pace than she is used to sorry, my dearest Kathie!! I ran on from the turnaround to the 2 mile mark! And from there to the end I ran on and off about a three block run and one (or two) block walk! You know, it just feels right to me to run! Well not so much the day after! LOL!! But I got done! And my time was 43:57. That is a 14:11 pace. You know, I think I might have to start running again. We always do the Race for the ...
  http://jocrazymama.blogspot.com/2012_03_01_archive.html
*  Defense claims insanity as Fla. teen attack trial begins | myfox8.com
The insanity defense takes center stage as trial begins for a Florida teenager accused in the brutal 2010 attack on a girl ... Defense claims insanity as Fla. teen attack trial begins. Wayne Treacy ruthlessly attacked a teenage girl more than two years ... The insanity defense takes center stage as trial begins for a Florida teenager accused in the brutal 2010 attack on a girl ... Defense claims insanity as Fla. teen attack trial begins. Posted 8:30 am, July 9, 2012, by Ryan Sullivan ...
  http://myfox8.com/2012/07/09/defense-claims-insanity-as-fla-teen-attack-trial-begins/
*  Insanity as a Defense for Murder: School of Law: Loyola University Chicago
Insanity as a Defense for Murder. "Insanity as a Defense for Murder". by. Dr. Tony Adiele. Monday, October 31. 12:00 p.m. ... and unmitigated usefulness of the insanity defense. Dr. Adiele will discuss the practical application of the insanity defense ... Tony Adiele will trace the origins of the insanity defense and its apparent transmogrification through the years in murder and ... Finally, he will scrutinize the occasional flagrant abuse of the insanity defense by malingering defendants. ...
  https://www.luc.edu/law/events/insanityasadefenseformurder/
*  Introducing: Sane or Insane? Tracking the Insanity Defense through History
... February 20, 2017. February 20, 2017. ~ refulton ... To search for answers to this question, I am tracing the history of the insanity defense in the United States: looking for its ... and the argument of the defense that McCarty suffered from a kind of "paroxysmal" insanity-a temporary disorder, possibly ... and terms in the history of forensic psychiatry and the insanity defense in the United States. Stay tuned! ...
  https://62howardstreet.wordpress.com/2017/02/20/introducing-sane-or-insane-tracking-the-insanity-defense-through-history/
*  Manteca Bulletin
Failure of insanity defense. Was James Holmes - convicted on Thursday of the 2012 massacre at the Aurora movie theatre - nuts? ... Failure of insanity defense. Was James Holmes - convicted on Thursday of the 2012 massacre at the Aurora movie theatre - nuts? ...
  http://www.mantecabulletin.com/archives/section/160/?page=58&archive_page=57
*  Engelhardt family - Chicago Tribune
Four members of the Engelhardt family were stabbed on Friday, April 17, 2009. The Engelhardt family is, (clockwise from top left) Alan, Shelly, Jeff, Amanda and Laura (in the middle). Alan, 57, Laura, 18, and Laura's grandmother, Marlene Gacek, 73, (not in this photo) died as a result of their...
  http://www.chicagotribune.com/news/chi-hoffman0420family20090420090245-photo.html
*  Morrissey pretrial sparring continues - tribunedigital-chicagotribune
... prosecutors and defense attorneys on Monday continued jockeying for position, ... prosecutors and defense attorneys on Monday continued jockeying for position, especially over the insanity defense planned for ... but Donahue countered that it is permissible because of the insanity defense. ... Morrissey's defense is expected to be that she was legally insane because of a combination of factors: depression from her ...
  http://articles.chicagotribune.com/2001-10-16/news/0110160061_1_insanity-defense-limit-testimony-defense-attorneys
*  Popular Articles & Stories for May 15, 1998 - tribunedigital-sunsentinel
Grandmother To Use Insanity Defense NICOLE STERGHOS. *. Schools, Buildings, Parks Will Keep Her Name Alive By MICHAEL CABBAGE ...
  http://articles.sun-sentinel.com/1998/may/15
*  UPDATE 3-Accused Colorado movie theater gunman ordered to stand trial - tribunedigital-chicagotribune
Legal experts see insanity defense as likely (Adds details, ... Defense expected to seek postponement of plea at ... lawyers with little choice but to mount an insanity defense for. their client. ... DEFENSE TO SEEK POSTPONEMENT OF PLEA. Assuming Holmes enters a plea of not guilty, the prosecution. will then have 60 days to ... What few points defense lawyers did make through. cross-examination appeared to be aimed at calling attention to. the erratic ...
  http://articles.chicagotribune.com/2013-01-10/business/sns-rt-usa-shootingdenver-update-3l1e9cb0hf-20130110_1_movie-theater-gunman-insanity-defense-james-holmes
*  Schizophrenia Free School Papers - Page 2
Attacks On The Insanity Defense. The insanity defense refers to that branch of the concept of insanity which defines the extent ... The terms of such a defense are to be found in the instructions presented by the trial judge to the .... ... Or does he place himself so dangerously close to the line between sanity and insanity that he crosses it without even .... ...
  http://www.essayworld.com/topics/schizophrenia-2.html
*  In the Aftermath of State v. Becker: A Review of State and Federal Jury Instructions on Insanity Acquittal Disposition |...
The Insanity Defense Reform Act of 1984. Before the enactment of the Insanity Defense Reform Act (the Act), a federal defendant ... Insanity denied: abolition of the insanity defense in Kansas. Kan J L & Pub Policy 8:253-62, 1999 (citing Frain M: Professor ... Studies have demonstrated that roughly one percent of felony defendants plead the insanity defense23 and that the defense is ... that the insanity defense is utilized most in cases of violent crimes; that NGRI is a strategy used by criminal defense lawyers ...
  http://jaapl.org/content/40/4/537.full
*  Avon man pleads guilty in soccer stadium scam | FOX 61
Woman charged with stabbing Hartford officer may use insanity defense. * News. Ex-Trump lawyer Cohen pleads guilty in hush- ...
  https://fox61.com/2017/02/06/avon-man-pleads-guilty-in-soccer-stadium-scam/
*  Informed Parenting: January 2010
If you don't even know the simplest of phrases, how can you expect to be able to navigate your way through the insanity that ... Breastfeeding is the First Line of Defense in a Disaster*. *Washington, DC*--The Human Milk Banking Association of North ...
  http://iinformedparenting.blogspot.co.uk/2010/01/

(1/30) Mental illness: psychiatry's phlogiston.

In physics, we use the same laws to explain why airplanes fly, and why they crash. In psychiatry, we use one set of laws to explain sane behaviour, which we attribute to reasons (choices), and another set of laws to explain insane behaviour, which we attribute to causes (diseases). God, man's idea of moral perfection, judges human deeds without distinguishing between sane persons responsible for their behaviour and insane persons deserving to be excused for their evil deeds. It is hubris to pretend that the insanity defence is compassionate, just, or scientific. Mental illness is to psychiatry as phlogiston was to chemistry. Establishing chemistry as a science of the nature of matter required the recognition of the non-existence of phlogiston. Establishing psychiatry as a science of the nature of human behaviour requires the recognition of the non-existence of mental illness.  (+info)

(2/30) Actions, causes, and psychiatry: a reply to Szasz.

In a recent paper, it was argued forcefully by Thomas Szasz that it is crucial to the scientific credibility of psychiatry that it abandon talk of the behaviour of the mentally "ill" in terms of causes: such behaviour is not caused by their condition--it simply has reasons, which are discounted by the medical model. It is argued in this paper that Szasz's theory is incomplete for two reasons: first, in assuming that reasons are radically different from causes, it cannot account for the possibility that "sane" behaviour might be just as much caused as "insane"; and second, it tacitly assumes that the origin of behaviour always lies with the agent--a view that arguably is an accident of grammar. Hence while there is no mental illness, this is because there is nothing that could be ill--and this means that there is no such thing as mental "health" either.  (+info)

(3/30) "Idiots, infants, and the insane": mental illness and legal incompetence.

Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals (or treated involuntarily, committed to outpatient treatment) are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill?  (+info)

(4/30) Secular humanism and "scientific psychiatry".

The Council for Secular Humanism identifies Secular Humanism as a "way of thinking and living" committed to rejecting authoritarian beliefs and embracing "individual freedom and responsibility ... and cooperation." The paradigmatic practices of psychiatry are civil commitment and insanity defense, that is, depriving innocent persons of liberty and excusing guilty persons of their crimes: the consequences of both are confinement in institutions ostensibly devoted to the treatment of mental diseases. Black's Law Dictionary states: "Every confinement of the person is an 'imprisonment,' whether it be in a common prison, or in private house, or in the stocks, or even by forcibly detaining one in the public streets." Accordingly, I maintain that Secular Humanism is incompatible with the principles and practices of psychiatry.  (+info)

(5/30) The rhetorician's craft, distinctions in science, and political morality.

In his response to Szasz' Secular Humanism and Scientific Psychiatry, the author considers the use of rhetorical devices in Szasz' work, Szasz' avoidance of acknowledging psychiatry's scientific distinctions, and Szaszian libertarianism versus liberalism.  (+info)

(6/30) Alcoholism and homicide with respect to the classification systems of Lesch and Cloninger.

AIMS: Worldwide criminal statistics show a disproportionately high incidence of violent offences committed under the influence of alcohol. A psychopathological subtyping of alcohol dependence in offenders who committed homicide has mainly been related to impulsive and dissocial personalities up to now. METHODS: In an investigation on 48 alcohol-dependent offenders who committed homicide, a subtyping according to the multidimensional classification systems of Lesch and Cloninger has now been conducted for the first time. RESULTS: In Lesch's classification, there was a high incidence of homicides committed by type II and type III subjects with the comorbidity anxiety and cyclothymia. While type III offenders were more often repeat offenders, there was a remarkably high rate of first offenders among type II subjects (Chi-squared test; chi(2) = 30.0, df = 3, P < 0.001). With respect to Lesch's typology, the blood alcohol concentrations did differ significantly in the group of offenders (Kruskal-Wallis, chi(2) = 18.3, df = 3, P < 0.001), whereas the blood alcohol concentration of type II offenders at the time of offence was significantly lower than in type III offenders (Mann-Whitney-U, Z = -3.47; P = 0.001). Regarding to the Cloninger's typology, no significant differences in the aforementioned parameters could be found. DISCUSSION: An excessive noradrenergic reaction of anxiety offenders with initial withdrawal is discussed as a possible explanatory model.  (+info)

(7/30) The impossible dialogue between psychiatry and the judicial system: a language problem.

The interface between psychiatry and law is complex and has the potential for gross misunderstanding. Each discipline has its own concerns with regard to the psychiatric patient, and there is a significant language gap between the two disciplines. The language of the medical discipline describes the patient's state on a continuum that ranges from extremely ill to completely healthy. The judicial language, on the other hand, is a binary language: the patient is either competent or incompetent, either dangerous or not dangerous. This article describes three potential areas for discourse in the Israeli context: involuntary hospitalization, criminal responsibility and legal representation of involuntarily hospitalized patients. The two systems can be complementary only if both sides make a serious effort to communicate and respect each other's principles and language.  (+info)

(8/30) Criminal responsibility in Asperger's syndrome.

BACKGROUND: Asperger's syndrome (AS) has been of much interest in the last two decades. Most people with AS are law abiding and are not involved in any violence. Over the years, however, there is increasing evidence of violent behavior and criminal acts committed by some people with AS. The characteristics of the link between AS and violation of the law requires identification and definition and the question regarding the criminal responsibility to be attributed to these offenders needs to be clarified. DATA: We present three cases that illustrate how the special characteristics of this syndrome and particularly the inability to assess social situations and appreciate others' point of view constitute the main cause for the violent behavior and the criminal offences. For this specific behavior, the AS patients lack the criminal intent or the intent to cause harm (mens rea), which is essential for criminal responsibility. Thus it is reasonable to consider some AS sufferers not criminally responsible for their actions and unfit to stand trial. This approach has been accepted by the courts. CONCLUSION: It can be inferred that people with AS may not be criminally responsible despite not suffering from a psychotic illness.  (+info)



  • Testimony
  • But an important key to understanding this surprising result lies in the medical testimony given at trial, and the argument of the defense that McCarty suffered from a kind of "paroxysmal" insanity-a temporary disorder, possibly arising from menstrual or menopausal causes, which rendered her legally irresponsible for her actions at the moment of the crime. (wordpress.com)
  • I am allowed to bring out more testimony in an insanity case. (chicagotribune.com)
  • As the defense psychiatrist, Carpenter interviewed Hinckley for a total of 45 hours and took the stand at the trial to provide a compelling three days of testimony. (wikipedia.org)
  • 1992
  • People v. Serravo, Supreme Court of Colorado, 823 P2d 128 (1992), is a criminal case involving the meaning of "wrong" in the expression "incapable of distinguishing right from wrong", as it appears in the M'Naghten rule for the insanity defense. (wikipedia.org)
  • insane
  • Being incapable of distinguishing right from wrong is one basis for being found to be legally insane as a criminal defense. (wikipedia.org)
  • Morrissey's defense is expected to be that she was legally insane because of a combination of factors: depression from her failing marriage to Dr. David Lemak and her use of several prescription anti-depressant drugs. (chicagotribune.com)
  • The terms of the Criminal Lunatics Act applied to people charged with treason, murder, or felony who were acquitted on the grounds of insanity or who appeared to be insane when apprehended, brought in for arraignment, or summoned for discharge due to a lack of prosecution. (wikipedia.org)
  • criminal
  • In the criminal laws of Australia and Canada, statutory legislation enshrines the M'Naghten Rules, with the terms defense of mental disorder, defense of mental illness or not criminally responsible by reason of mental disorder employed. (wikipedia.org)
  • In Idaho, "mental condition" is not a defense to any charge of criminal conduct. (slate.com)
  • And as it stands, the insanity defense plays only a tiny role in the everyday criminal justice system and succeeds in one-quarter of 1 percent of cases (though more than 10 percent of the prison population is mentally ill). (slate.com)
  • Criminal defense attorney Keith S. Halpern successfully used the defense in March in a Worcester murder case he tried before Superior Court Judge Peter W. Agnes Jr. (masslawyersweekly.com)
  • She was represented by Houston criminal defense attorney George Parnham. (wikipedia.org)
  • In essence, the Criminal Lunatics Act required the detention of someone who had committed a crime in a bout of insanity rather than leaving it to the discretion of the judge and jury. (wikipedia.org)
  • Perlin started practicing law in New Jersey, US as a public criminal defense lawyer and mental health advocate for people with mental disabilities,[citation needed] and joined the New York Law School faculty in 1984. (wikipedia.org)
  • State
  • here you may find bits and pieces of history touching on abortion, old New York State, female physicians, murder, insanity, and possibly mortgages. (wordpress.com)
  • However, other state courts have held, at least as a matter of policy, that a jury instruction on the disposition of an insanity acquittee is necessary to prevent juror confusion. (jaapl.org)
  • In 1985 he filed an amicus brief in Ake v. Oklahoma, in which the Supreme Court ruled that a person who is indigent has a right to receive a psychiatric evaluation, provided by the state, in cases where the insanity defense is being used. (wikipedia.org)
  • Psychiatrists for the state and the defense also testified that Holton had major depressive disorder and passive-aggressive personality disorder at the time of the murders. (wikipedia.org)
  • trial
  • Halpern, who succeeded several years ago with an insanity defense in a murder trial in which his client had no previous psychiatric problems, said the facts of Rockefeller's case should help him. (masslawyersweekly.com)
  • FORT LAUDERDALE, Fla. - The insanity defense takes center stage as trial begins for a Florida teenager accused in the brutal 2010 attack on a girl outside a middle school. (myfox8.com)
  • Legal
  • The court also examined the relationship between the legal test of insanity and a deific decree, the belief that an act is not wrong because God ordered it. (wikipedia.org)
  • Public
  • Public defender Scott Jones said the defense is waiting to receive documents including police reports before deciding on a strategy. (fox61.com)
  • This defense, we can assume, would not work today-what jury would accept menopause as sufficient reason to release a woman who fired a pistol on public transit? (wordpress.com)
  • To search for answers to this question, I am tracing the history of the insanity defense in the United States: looking for its earliest uses, its changing functions, the responses it produced in the public and its interactions with variables like age, gender, race, etc. (wordpress.com)
  • question
  • And now the U.S. Supreme Court has declined Delling's challenge to these rulings, which means it has ducked the question of whether the Constitution requires the states to provide a traditional insanity defense. (slate.com)
  • wrong
  • Other defense psychiatrists found that his delusions made him unable to tell right from wrong, in accordance with standards of society. (wikipedia.org)