Kahler v. Kansas: Narrowing the Insanity Defense

4 Pages Posted: 16 May 2020

See all articles by Laird C. Kirkpatrick

Laird C. Kirkpatrick

George Washington University - Law School

Date Written: April 1, 2020

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."

Keywords: insanity defense, Kahler, definition of insanity, mens rea

Suggested Citation

Kirkpatrick, Laird C., Kahler v. Kansas: Narrowing the Insanity Defense (April 1, 2020). Geo. Wash. L. Rev. On the Docket (Oct. Term 2019), GWU Legal Studies Research Paper No. 2020-25, GWU Law School Public Law Research Paper No. 2020=25, Available at SSRN: https://ssrn.com/abstract=3598109

Laird C. Kirkpatrick (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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