Although the insanity defense is numerically insignificant, it remains profoundly important to the criminal justice system as the focal point of the ongoing debate on the relationship between legal responsibility, free will, mental illness, and punishment. The insanity defense has substantially survived in spite of persistent philosophical and political criticism. Its history reflects a balance
Mental health professionals are frequently asked to evaluate criminal defendants to assist the courts in determining whether those individuals may have been legally insane (i.e., not criminally responsible) at the time of their crimes. This section discusses the legal concept of criminal responsibility and criteria for insanity, as well as the challenges that forensic experts face
When crime is truly the product of rational choice, the offender commits the act for reasons of personal gain or gratification. His or her behavior is under his or her complete control. How and to what degree, however, might other factors intrude on and compromise his or her ability to exercise free will? The response
Juvenile transfer to adult court is the process by which some youths who are viewed by juvenile court judges as inappropriate for the juvenile justice system are transferred to adult court. The decisions to transfer a youth to adult court are typically based on concerns about public safety balanced against considerations of youth development. The