NCJ Number
84173
Journal
American Bar Association Journal Volume: 68 Dated: (July 1982) Pages: 824-827
Date Published
1982
Length
4 pages
Annotation
The present standards by which criminal defendants are considered not guilty by reason of insanity are not satisfactory; an alternative concept of the present approach is advocated.
Abstract
According to the current insanity concept, the insane are innocent because they are victims of a disease process that is outside of their control and makes them act in a criminal manner. The reactionary picture, advocated by those who are disillusioned by the present concept, states that mentally ill people are in no way less guilty than other criminals; they commit criminal acts and then demand to be held not responsible by blaming their actions on delusional ideas or overwhelming impulses. The clinical picture of insanity agrees with the reactionary in that everyone should be held responsible for their purposive acts whether the accompanying thought process is rational or irrational. It agrees with the liberal view in considering that some crimes are committed by people whose mental condition demands mercy. This proposal envisions trials in two stages, the first to determine guilt or innocence for the crime, and the second to classify the defendant's mental condition for the purpose of specifying appropriate treatment and/or sentencing.