Insanity Defense in US Law: A Critical Analysis

Abstract

The insanity defense is a defense against the criminal responsibility of an accused suffering from mental disorder(s). The law in the United States recognizes the doctrine of the defense of insanity. The objective of this study is to analyze the law on insanity defense in the US using the doctrinal legal analysis approach. The findings of this study suggest that the law on the insanity defense is not uniform across the United States. Moreover, forensic mental health evaluation by mental health professionals is critical in determining the plea of insanity. The forensic mental health assessment of an accused taking the plea of insanity must be detailed and comprehensive to assist the trier of the facts as it is the trier of the facts who would decide about the legal insanity of the accused. There is a need to adopt multidisciplinary approaches to further develop the law on insanity defense in the US.