Why did montana, idaho, kansas and Utah abolish the insanity defense?
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Why did montana, idaho, kansas and Utah abolish the insanity defense?
 
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jakflak
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Because it's stupid. Most criminal don't know the difference between right and wrong. It doesn't make them innocent. |
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John U
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It all started with the M'Naghten Rule which you can read about here
http://law.jrank.org/pages/8620/M-Naghten-Rule.html
Then came Durham v United States which you can read about here
http://supreme.justia.com/us/401/481/
Then the most ludicrous of them all which actually worked, the "Twinkie Defense" which you can read about here.
http://www.legal-explanations.com/definitions/twinkie-defense.htm
And here is the real answer to your question
“what actually happens in places where the insanity defense is abolished is that an obviously insane defendant is ruled incompetent to stand trial and is immediately committed to an institution, bypassing any question of a defenseâ€
Seems to save time and money from expert pscyhological testimony and confusing the bejesus out of a jury doesn’t it but there is a great summary and the cited quotation here.
http://social.jrank.org/pages/1357/Legal-System-Insanity-Defense-Overview.html
Hope that clarifies things for you |
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olin h
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I don't know -- because they thought all people should be punished for their crimes -- it has pretty much been abolished everywhere, at least in practice -- it rarely win like it did in the 70's |
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