James Kraig Kahler v. State of Kansas: On Writ of Certiorari to the Supreme Court of the State of Kansas
23 Pages Posted: 21 Aug 2019 Last revised: 13 Sep 2019
Date Written: August 19, 2019
This amicus brief filed in U.S. Supreme Court case of Kahler v. Kansas discusses how states (such as Kansas) are free under the Constitution to structure so-called “insanity” issues in various ways. In particular, states are free, if they choose, to require criminal defendants to prove that a mental disease or defect rose to the level of preventing the defendant from forming the required mens rea to commit the crime. In making such choices, it is important that states do not overlook the interests of crime victims, who want to see criminals held properly accountable for crimes they have committed.
Keywords: Kahler v. Kansas, insanity defense, crime victims’ rights
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