The Two Faces of Insanity

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Argues that insanity should rarely exculpate and never implicate. Thus, on the one hand, when insanity is invoked as a defense by one who has been proven guilty of the requisite mens rea and actus reus for the crime, insanity should rarely, if ever, exculpate. On the other hand, when the defendant lacks the requisite mens rea to commit the crime, whether because of insanity or any other non-self-induced reason, the defendant should not be guilty.

Description

Keywords

Insanity defense, Insane delusions, Lacking criminal intent, Mens rea, Actus reus, Non-self-induced reason, Model Penal Code, Exculpate versus implicate

Citation

Arnold H. Loewy, The Two Faces of Insanity, 42 Tex. Tech L. Rev. 513 (2009-2010)