Insanity Defense in US Law: A Critical Analysis
Keywords:Crime, Defense, Evaluation, Insanity, US
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.
Abstract Views: 56
PDF Downloads: 41
How to Cite
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & Journal of Development and Social Sciences (JDSS) adheres to Creative Commons Attribution-Non Commercial 4.0 International License. The authors submitting and publishing in JDSS agree to the copyright policy under creative common license 4.0 (Attribution-Non Commercial 4.0 International license). Under this license, the authors published in JDSS retain the copyright including publishing rights of their scholarly work and agree to let others remix, tweak, and build upon their work non-commercially. All other authors using the content of JDSS are required to cite author(s) and publisher in their work. Therefore, ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & Journal of Development and Social Sciences (JDSS) follow an Open Access Policy for copyright and licensing.