The Case For A Purely Volitional Insanity Defense



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Texas Tech Law Review


Argue in this Article (a) that there is a role for an independent insanity defense, and (b) that that role is precisely to allow the defendant to argue a defect of will or a lack of control. Far from being something that should be excluded from an insanity test, the volitional prong should be the only prong. There must be serious mental illness, as a result of which the defendant had substantial difficulty in conforming her behavior to the law. Presents this possibility to consider: that all of the problems that incline us to say that a person is legally insane are problems of volition or control.



Volitional insanity defense, Insanity as an affirmative defense, Mens rea approach, Integrationist approach, Volitional or control defects, Rationalist approach, Appreciation of wrongfulness approach


Michael Corrado, The Case For A Purely Volitional Insanity Defense, 42 Tex. Tech L. Rev. 481 (2009-2010)