Thinking About The Insanity Defense

Thinking About the Insanity Defense answers ninety-seven frequently asked questions and presents sixteen case examples in easily understood language. This volume provides a clear and compelling introduction to one of the most important topics in the relation between psychology and law. Compiled by members of a Harvard seminar, it directs attention to the issues most often raised by the general public and by students of social science and criminal justice. The frequently asked questions about the insanity defense address: its history and psychological aspects; the effects of different standards for determining insanity; the arguments for its retention, abolition, and revision; media and other responses to it; controversies around pre- and post-conviction commitment; and the roles of psychologists, psychiatrists, and lawyers. The case examples illustrate a variety of outcomes and include individuals who were: found not guilty by reason of insanity; found guilty even though mentally ill; and not charged because of mental illness. The extensive bibliography directs students and citizens interested in psychology, law, and criminal justice to further cases and analyses. The insanity defense is one of the most significant topics in psychoforensics. This brief and readable book is the first place to look for what most people want to know about the insanity defense.

This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Zaluski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense. The Insanity Defense will be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.

This volume provides a clear and compelling introduction to one of the most controversial topics in society. Focusing on the dynamic interplay among mental illness, religion, and terrorism, it directs attention to questions of criminal responsibility raised by the general reader and by students of law, psychology, religion, neuroscience, terrorism, and public policy. Questions and examples address: insanity defense basics and issues of legal responsibility, including the impact of neuroscience and psychology disputes about free will and determinism the balance among mental illness, religion, and law, including the two trials of the mother who drowned her five children the defense of men who killed abortion providers the relation among mental illness, religion, terrorism, and law, including possible defenses for the Army major who killed thirteen at Fort Hood motivations of other Islamic, Christian, and secular extremists the role of brainwashing and the effect of deprogramming, including their early use with the heiress who joined in terrorist crimes their influence on cult leaders and followers Varying responses address juror comments on their verdicts in two mock trials what the insanity defense standard should be whether guilty but mentally ill should be an added test what role standard, extremist, or individualistic religion should play in the law whether the insanity defense standard should be different for terrorists The extensive bibliography directs students and general readers interested in further material to the important world where psychology and law, religion and terror, and public policy interact. This brief and readable book is the first place to look for what most people want to know about this volatile mix in today’s world.

How often is the defense of insanity or temporary insanity for accused criminals valid—or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. What is the role of "the insanity defense" as a legal excuse? How does U.S. law handle criminal trials where the defendant pleads insanity, and how does our legal system's treatment differ from those of other countries or cultures? How are insanity defenses used, and how successful are these defenses for the accused? What are the costs of incarceration versus psychiatric treatment and confinement? This book presents a range of expert viewpoints on the insanity defense, exposing common myths; investigating its effectiveness and place in our legal system through history, case studies, and comparative analysis; and supplying perspectives from the disciplines of psychology, psychiatry, sociology, and neuroscience. The content also addresses the ramifications of declaring citizens insane or incapacitated and examines trials that involved pleas of insanity and temporary insanity.

Two experts on law and psychiatry examine the insanity defense and the role of the psychiatrist in the court- room, reviewing seven cases of murder and attempted mur- der, and offer recommedations for change.

An insider's account of America's ineffectual approach to some of the hardest defense and intelligence issues in the three decades since the Cold War ended. Insanity can be defined as doing the same thing over and over again but expecting a different result. As a nation, America has cycled through the same defense and intelligence issues since the end of the Cold War. In Insanity Defense, Congresswoman Jane Harman chronicles how four administrations have failed to confront some of the toughest national security policy issues and suggests achievable fixes that can move us toward a safer future. The reasons for these inadequacies are varied and complex, in some cases going back generations. American leaders didn’t realize soon enough that the institutions and habits formed during the Cold War were no longer effective in an increasingly multi-power world transformed by digital technology and riven by ethno-sectarian conflict. Nations freed from the fear of the Soviets no longer deferred to America as before. Yet the United States settled into a comfortable, at times arrogant, position as the lone superpower. At the same time our governing institutions, which had stayed resilient, however imperfectly, through multiple crises, began their own unraveling. Congresswoman Harman was there—as witness, legislator, exhorter, enabler, dissident and, eventually, outside advisor and commentator. Insanity Defense is an insider’s account of decades of American national security—of its failures and omissions—and a roadmap to making significant progress on solving these perennially difficult issues.