ABOLISHING THE INSANITY DEFENSE - A LOOK AT THE PROPOSED FEDERAL CRIMINAL CODE REFORM ACT IN LIGHT OF THE SWEDISH EXPERIENCE

• NCJ Number: 25485
• Journal: CALIFONRIA LAW REVIEW Volume: 62 Issue: 3 Dated: (MAY 1974) Pages: 753-788
• Author(s): R REISNER; H SEMMEL
• Date Published: 1974
• Length: 36 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF A PROVISION IN THE PROPOSED CRIMINAL CODE REFORM ACT WHICH MAKES MENTAL ILLNESS A DEFENSE ONLY IF IT PRECLUDES THE DEFENDANT FROM HAVING THE STATE OF MIND CONSTITUTING AN ELEMENT OF THE OFFENSE CHARGED.

Abstract

THIS PROVISION ACTS AS A BAR TO PRSECUTION, ABOLISHING THE INSANITY DEFENSE AS IT IS NOW KNOWN. THE AUTHOR COMPARES THE PROPOSED CHANGES WITH THE PROCESS OF DETERMING MENTAL ABNORMALITY UNDER SWEDISH PENAL LAW.