Tuesday, October 29, 2013
Paul H. Robinson (University of Pennsylvania Law School) has posted An Overview of the Effect of Mental Illness Under U.S. Criminal Law on SSRN. Here is the abstract:
This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of mental illness as a murder mitigation, mitigating to a lesser form of murder or to manslaughter.