RAISING THE INSANITY DEFENSE - THE PRACTICAL SIDE

• NCJ Number: 6983
• Journal: American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 533-558
• Author(s): G SHADOAN
• Date Published: Unknown
• Length: 26 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE PRACTICAL CONSIDERATIONS IN RAISING AND PRESENTING THE DEFENSE OF INSANITY IN CRIMINAL CASES.

Abstract

ALTHOUGH THE INSANITY PLEA HAS TRADITIONALLY RANKED AMONG THE LEAST POPULAR AND LEAST PROMISING OF THE DEFENSES AVAILABLE TO A CRIMINAL DEFENDANT, THIS ARTICLE RECOMMENDS THAT COUNSEL SHOULD GIVE SERIOUS CONSIDERATION TO RAISING THE DEFENSE IN EVERY CRIMINAL CASE HE CONDUCTS. HE SHOULD UNDERTAKE, AT A MINIMUM, A CAREFUL ANALYSIS OF HIS CLIENT'S BEHAVIOR AND BACKGROUND, OF THE PREVAILING INSANITY TEST, OF THE FEASIBILITY OF A SUCCESSFUL CHALLENGE TO IT AND OF THE DEFENSES ON THE MERITS WHICH MAY BE AVAILABLE. THE AUTHOR EXAMINES THE PRACTICAL ASPECTS OF RAISING AND PRESENTING AN INSANITY DEFENSE. THE PURPOSE HERE IS TO CALL TO THE ATTENTION OF ATTORNEYS WHO FACE THIS CHALLENGE ON A LESS THAN REGULAR BASIS THE MAJOR FACTORS WHICH MUST BE CONSIDERED IN DECIDING WHETHER TO RAISE THE DEFENSE, AND TO REVIEW THE TECHNIQUES WHICH ARE ESSENTIAL TO ITS EFFECTIVE PRESENTATION.