Adopt Guilty But Mentally Ill? – No!
Ann Hartwell Britton
Widener University Delaware Law School
Richard J. Bennett
affiliation not provided to SSRN
University of Toledo Law Review, Vol. 15, p. 203, 1983
Because of the inherent nature of the insanity defense, it is only raised in media-attracting cases. This media attention skews public perception of the use and value of the defense and, consequently, skews the demand for improving the defense. Professor Britton and Mr. Bennett examine the proposal of "guilty but mentally ill" in light of criticisms of the insanity defense and conclude that it will increase rather than minimize present shortcomings of the insanity defense.
Number of Pages in PDF File: 30
Keywords: insanity, mental illness, criminal law
JEL Classification: K14
Date posted: May 13, 2011 ; Last revised: May 21, 2011