Not Guilty by Reason of Insanity: A Sane Approach

Abstract

For more than two decades, the legal literature has been filled with articles on the insanity defense.' Discussion has centered around the standard used to excuse someone from criminal responsibility, 2 whether the defense should be abolished, 3 and whether the defense is being overused. 4 In recent years, a number of states have discussed changing their laws relating to the insanity defense.This article will review the historical background of the defense and will explore the present state of the defense in the United States.Problems with the procedures after being found not guilty by reason of insanity 5 will be examined and model legislation will be presented to correct those problems.Finally, the article includes an analysis of why due process and equal protection are not violated by treating the NGRI individual differently than other civilly committed persons. DEVELOPMENT OF THE INSANITY DEFENSEToday in the United States, the insanity defense is recognized in every jurisdiction as an affirmative criminal defense. 6 This defense can be raised whenever intent is an element of the crime.By pleading the insanity defense, the defendant is admitting that he has committed the act that he is accused of, but is stating that because of his "insanity" he * Administrator and Counsel to the Section on