Insanity on Trial
Author | : Norman J. Finkel |
Publisher | : Springer Science & Business Media |
Total Pages | : 386 |
Release | : 2012-12-06 |
ISBN-10 | : 9781461316657 |
ISBN-13 | : 1461316650 |
Rating | : 4/5 (650 Downloads) |
Download or read book Insanity on Trial written by Norman J. Finkel and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI).