NCJ Number
110044
Journal
Prosecutor Volume: 21 Issue: 3 Dated: (Winter 1988) Pages: 29-32
Date Published
1988
Length
4 pages
Annotation
This essay on the insanity defense argues that individuals are wholly accountable for their actions, according to the doctrine of free will, and suggests an expedient rebuttal argument to the insanity defense.
Abstract
The author first draws a distinction between determinism and fatalism. The Necessitarian argument that one is compelled to act, or in the alternative, constrained not to act, is explained. The author then discusses the opposite position which contends that if one has the freedom to choose whether to act in a criminal mode and nevertheless commits a crime, he is justly punished. Also examined are difficulties of the free will theory, the concept of theoretical determinism, and the roles of desire and motivation in human behavior. In a rebuttal to the insanity defense, the essay says that if the criminal declares himself insane due to antecedent forces beyond his control, then a juror whose background has instilled in him a belief in law and order is compelled to vote for a guilty verdict. 10 footnotes.