| The insanity plea is an affirmative defense. An | | | | them from understanding what he or she was doing, |
| affirmative defense means that the defendant | | | | or b) prevented them from knowing his or her |
| acknowledges the crime happened, but does not | | | | behavior wrong. |
| believe he or she should be held fully responsible for | | | | Some people in both the US and England felt this law |
| one reason or other. As anyone could probably guess, | | | | was too lenient, and that a person should not be |
| a person who pleads insanity is arguing that he or she | | | | excused of crimes as long as he or she is capable of |
| should not be held responsible because he or she is | | | | controlling his or her behavior. In 1887 the Alabama |
| legally insane, or was at the time that the crime was | | | | Supreme Court devised the "irresistible impulse test." |
| committed. | | | | Under this law, people who wanted to plead insanity |
| This plea has sparked much controversy over the | | | | had to demonstrate that they were incapable of |
| centuries. Some people are appalled by the idea that a | | | | controlling their behavior when their crimes were |
| murderer or other dangerous criminal could be "let off | | | | committed. Several states adopted this law, which |
| the hook" by claiming mental illness. Other people are | | | | was criticized both for being too strict and too lenient |
| equally repelled by the idea of punishing a person who | | | | by various parties. |
| is not capable of fully understanding or controlling his or | | | | Although the Durham Rule was first developed in New |
| her actions. | | | | Hampshire in 1954, it was not widely used across the |
| At the center of all this debate has been the attempt | | | | US until the 1950's. This short-lived law declared that |
| to settle on a legal definition of insanity. Many different | | | | anyone whose crimes were caused by a mental |
| standards have been proposed and used in different | | | | illness was not responsible for his or her crimes. It |
| courts all over the world. Within the US, the legal | | | | should be noted that rather than being set free, people |
| understanding of mental illness has evolved into | | | | found mentally ill were incarcerated in mental hospitals, |
| several different forms over time. In chronological | | | | often indefinitely. Today New Hampshire is the only |
| order, these are the rules of thumb that have been | | | | state still using the Durham rule. |
| used to settle insanity pleas in the US. | | | | The current definition of insanity used in every other |
| The earliest attempt to legally define insanity originated | | | | state is an inability to understand the consequences of |
| in England in 1843. It became known as the M'Naghten | | | | their actions or control their behavior. This may sound |
| rule, after a paranoid schizophrenic who was found not | | | | broad, but today the insanity defense is rarely |
| guilty after shooting and killing a politician. This rule | | | | attempted, and extremely rarely successful. |
| stated that a person could not be held legally | | | | For more information about criminal defenses, contact |
| responsible for criminal actions committed while | | | | the Milwaukee criminal defense attorneys Kohler |
| suffering a mental disorder that either a) prevented | | | | & Hart. |