The Two Faces of Insanity
Date
2009
Authors
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)