Monday, May 25, 2020
Laird C. Kirkpatrick (George Washington University - Law School) has posted Kahler v. Kansas: Narrowing the Insanity Defense (Geo. Wash. L. Rev. On the Docket (Oct. Term 2019)) on SSRN. Here is the abstract:
This article analyzes the Supreme Court's recent decision in Kahler v. Kansas, which upheld a Kansas statute barring evidence of insanity as a defense except insofar as it negates the element of mens rea. The article compares Kahler to the Court's decision in Clark v. Arizona. It also addresses the question whether there is a constitutional right of criminal defendants to assert an insanity defense."