adherence to an intellectualistic model of legal insanity
Unfortunately, there are no generic excusing criteria, but only discrete defenses, such as legal insanity
. The law is then hostage to the ever-changing trends, biases, models, and myths of mental health science.
It can be argued that these patients detained as a result of a finding of unfitness or legal insanity
constitute a special legal category - in the sense that they remain unconvicted but were subject to automatic and indeterminate hospitalization - and while recognizing that the provisions of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 are not retrospective,(11) it would surely not be outside the spirit of the Act to ~flag' these cases for special consideration in respect of the need for continuing detention.
rejection of control tests for legal insanity
on these grounds.
(34.) After 1800, definitions of legal insanity
in both England and the U.S.
In response, the House of Lords demanded that the judiciary clarify the rules governing the establishment of legal insanity
. From those inauspicious beginnings, the modern insanity defense was born.
The well-established categories of psychosis and paranoia appear to provide the best link to black rage.(132) If black rage may be characterized neutrally as a psychosis or paranoia, some may argue that evidence regarding the causes and effects of black rage is not necessary to prove insanity(133) and may unduly affect the jury and its decision.(134) The experience of being black, however, is important not only to establish legal insanity
,(135) but is also an essential factor in psychiatric evaluations of black defendants.(136) Thus, to allow psychiatrists to make a diagnosis of psychosis or paranoia in court without mentioning the "Black Norm" and/or black rage would not give the trier of fact all of the relevant evidence about the defendant and the case.
Accordingly, this Section focuses on black rage as an insanity defense, first explaining and applying the several insanity tests to determine whether black rage can qualify as legal insanity
. The Section then proceeds to compare black rage to other recognized varieties of legal insanity
, demonstrating that black rage is a similar mental condition and thus deserves similar treatment under the criminal law.
mens rea or the defense of legal insanity
. Part VI considers the future
Researchers Valerie Hans and Dan Slater found that men and women define legal insanity
Hans & Dan Slater, 'Plain Crazy': Lay Definitions of Legal Insanity
, 7 AM.
retardation] precludes liability for a crime where there exists sufficient mental capacity to entertain the requisite criminal intent." (83) In psychiatry, the idea that relates mental illness to legal insanity
is viewed as a "threshold." (84) Persons with certain mental disorders that are not serious enough would not be considered insane.