Evolution of Modern Insanity Defense: A Critical Review
DOI:
https://doi.org/10.35484/ahss.2023(4-IV)06Keywords:
ALI, Durham, Evolution, Insanity, McNaughton, ModernAbstract
The defense of insanity, which is an excuse defense against the criminal liability of a person, went through different phases of evolution before coming to its modern form. During different phases of history, the insanity, and the insanity defense were interpreted differently. The objective of this study is to review the evolution of the defense of insanity employing the doctrinal legal analysis approach. The findings of this review suggest that a critical phase in the evolution of the insanity defense started with the introduction of McNaughton rules. Moreover, different standards of insanity defense such as the Irresistible Impulse Rule, the New Hampshire Product Test, the Durham Rule, the ALI rule, etc. were also introduced. There is still a need for a better standard of insanity defense. The defense of insanity is still evolving and must be studied by adopting multidisciplinary approaches.
Downloads
Published
Details
-
Abstract Views: 626
PDF Downloads: 486
How to Cite
Issue
Section
License
Copyright (c) 2023 Annals of Human and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
RESEARCH OF SOCIAL SCIENCES (SMC-PRIVATE) LIMITED(ROSS) & Annals of Human and Social Sciences (AHSS) adheres to Creative Commons Attribution-Non Commercial 4.0 International License. The authors submitting and publishing in AHSS 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 AHSS 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 AHSS are required to cite author(s) and publisher in their work. Therefore, RESEARCH OF SOCIAL SCIENCES (SMC-PRIVATE) LIMITED(ROSS) & Annals of Human and Social Sciences (AHSS) follow an Open Access Policy for copyright and licensing.