Is the Insanity Defense “Unconscionable”?

    Volume 20, Issue 1 (January 1975)

    ISSN: 0022-1198

    CODEN: JFSOAD

    Published Online: 1 January 1975

    Page Count: 6


    Perr, IN
    Professor of psychiatry and of community medicine, Rutgers Medical School, College of Medicine and Dentistry of New Jersey, Piscataway, N.J.

    (Received 22 February 1974; accepted 22 June 1974)

    Abstract

    Over the years, much criticism has been directed at the concept of the insanity defense, which at its root reflected the traditional feeling that public policy is not served by imposing blame on those not responsible for their behavior. Though this principle has achieved a global recognition, it has reached its height in the Anglo-Saxon world of demons and devils, which is dominated by its early religious origins and the Augustinian concept of free will. Yet increasingly we have slowly become aware of other issues; for example, the rigid concept of responsibility and its corollary, nonresponsibility, have at various times been utilized to deprive various groups of power and participation in society. Traditionally, one group of disabled and legally incompetent who must be both protected and kept powerless consisted of the unholy triumvirate of the insane, children, and women.


    Paper ID: JFS10254J

    DOI: 10.1520/JFS10254J

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    Author
    Title Is the Insanity Defense “Unconscionable”?
    Symposium , 0000-00-00
    Committee E30