Abstrakt: |
For centuries, the insanity defense has been one of the most hotly debated issues in criminal law. Nonetheless, scientific research shows the insanity defense is rarely used and rarely successful. Furthermore, few defendants who plead insanity have been charged with murder, and defindants found insane pose less of a danger to society than d*ndants jbund guilty. Legislatures and courts have created five modern tests of insanity, several variants of these tests, and enacted several other reforms to improve insanity verdicts. However, scientific research shows different insanity tests do not affect insanity verdicts, and the other insanity reforms are also ineffective. Instead of improving insanity law, legislative and judicial reforms have created an irrational, illogical, unjust, and immoral insanity law that is not in the best interest of society or defendants with psychological disorders. This Article uses scientific research to explain why the public, legislators, andjudges generally have erroneous attitudes and beliefs about the insanity defense and people with psychological disorders. It also uses scientific research to explain why insanity law is irrational, illogical, un.just and immoral. Lastly, the Article delineates what legislatures, courts, and mental health organizations need to do 10 improve insanity law. [ABSTRACT FROM AUTHOR] |