Community Standards of Criminal Liability and the Insanity Defense

22 Pages Posted: 30 Mar 2005 Last revised: 25 Dec 2010

See all articles by Daniel S. Bailis

Daniel S. Bailis

Princeton University

John M. Darley

Princeton University

Paul H. Robinson

University of Pennsylvania Carey Law School

Tracy L. Waxman

Independent

Abstract

The insanity defense generates a great deal of controversy in our society. Previous research points to a community standard regarding insanity, almost certainly one that includes a cognitive component, but one that can include other components as well. This research has generally focused on the judgement rules people articulate when making their judgments. Psychological research, however, attests to the fact that people are frequently inaccurate in their honest efforts to identify and describe major factors influencing their own judgments and decisions. To address the implicit standards people, may, in practice, apply to the insanity defense, it is necessary to induce the rules that people use from the patterning of their judgments across a series of systemtically varied case scenarios. We use this approach in the present study.

Keywords: Insanity, community standards

JEL Classification: K14

Suggested Citation

Bailis, Daniel S. and Darley, John M. and Robinson, Paul H. and Waxman, Tracy L., Community Standards of Criminal Liability and the Insanity Defense. Law and Human Behavior, Vol. 19, pp. 425-466, 1995, Available at SSRN: https://ssrn.com/abstract=678961

Daniel S. Bailis

Princeton University

22 Chambers Street
Princeton, NJ 08544-0708
United States
609-258-6016 (Phone)

John M. Darley

Princeton University ( email )

1-N-17 Green Hall
Princeton, NJ 08544
United States
609-258-3000 (Phone)

Paul H. Robinson (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Tracy L. Waxman

Independent

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