Psych and Law 8.pptVIP

Psychology and Law MSO History of the Insanity Defense The concept of excusing mentally ill offenders goes back as far as ancient Greek and Hebrew law In Great Britain, at least as early as 1300, English kings pardoned murderers who committed their crimes “while suffering from madness.” Other early test if insanity from England: “wholly looseth their memory and understanding” Less than “an understanding as a 14-year-old.” But, typically, more narrow guidelines were used. For example, in 1724 Justice Tracy resided over a case where a “madman” had killed a nobleman in response to delusions that the victim had “bewitched” him. History (continued) Judge Tracy’s charge to the jury: “It is not every kind of frantic humor or something unaccountable in a man’s actions that points him out to be such a madman as is to be exempted from punishment. It must be a man that is totally deprived of his understanding and memory, doth not know what he is doing, no more than an infant, than a brute, or a wild beast; such a one is never the object of punishment.” 3 important characteristics of “wild beast” Lack the ability to reason Lack control of behavior Emotionally deranged or frenzied Subsequent legal tests of insanity have relied on one, or more of these characteristics. History – McNaughton case 1843 - First appeals court decision on the insanity defense. Facts of the case McNaughton suffered from what we would now call Paranoid Schizophrenia. Jury found McNaughton to be not guilty by reason of insanity (NGRI). Public outcry following the verdict. Queen Victoria was also alarmed by the verdict. House of Lords formalized a legal test of insanity. McNaughton (continued) The “McNaughton test” is: “Every man is presumed to be sane … To establish a defense on the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act