The Insanity Defense

Authors

Stephen J. Morse, University of Pennsylvania Carey Law SchoolFollow

ORCID

Stephen Morse 0000-0002-7260-5012

Document Type

Book Chapter

Publication Date

2021

Abstract

This entry addresses the defense of legal insanity in Western law, with special reference to Anglo-American Law. The theoretical background of the defense and the tests and procedures used to adjudicate it are all covered. The entry argues that an insanity defense is morally required for justice in any fair system of criminal law and that lack of rational capacity is the most important justification for the defense.

Publication Title

The International Encyclopedia of Ethics

Publication Citation

In International Encyclopedia of Ethics, 2nd ed. (Hugh LaFollette et al. eds., Wiley-Blackwell 2019)

Repository Citation

Morse, Stephen J., "The Insanity Defense" (2021). All Faculty Scholarship. 2681.
https://scholarship.law.upenn.edu/faculty_scholarship/2681